70 witnesses to testify against King Mumbere
Rwenzururu king, Charles Wesley Mumbere (centre) gestures after the War Crimes Division of the High Court in Kampala gave him 14 days to travel to Kasese for his mother's burial in June 2019. PHOTO | KELVIN ATUHAIRE
What you need to know:
- Activists say the legislation is intended to gag the public, and or target certain voices deemed unpalatable to the State.
Court has ordered that the identities of all the 70 prosecution witnesses lined up against Rwenzururu King (Omusinga) Charles Wesley Mumbere and 200 others shall not be revealed to the public during the trial.
Citing confidentiality and safety, Justice Alice Komuhangi Khaukha of the International Crimes Division (ICD) directed that the real names of the witnesses should be substituted with pseudonyms and shall be concealed from the public record in all proceedings.
“The state is hereby ordered to disclose in a summary form the evidence of 42 prosecution witnesses, with full disclosure to be done within 15 days prior to their testimonies after confirming the charges,” Justice Khaukha ruled.
“Police statements and related material likely to disclose the identity and particulars of the 28 witnesses shall be disclosed in a redacted manner with their full disclosure within 30 days prior to the commencement of the main trial” she added.
Court also ordered the state to make the redacted and summary disclosure by October 28.
The judge’s decision was prompted by the state prosecution led by Lillian Omara and Marion Ben Bella, where no defence lawyers were present, who argued that if the identities of the state witnesses are disclosed at this stage of pre-trial, their lives and loved ones would be in danger.
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They also stated that the witnesses’ evidence directly implicates the accused persons, whose accomplices that are still at large, may seek revenge against the former.
In support of their application, the state presented two affidavits of Mr Thomas Jatiko, the assistant director of public prosecutions; and Mr Emmanuel Benon Ayebare, the assistant superintendent of police, who noted that the application is to protect the witnesses.
Court heard that the accused persons, and the witnesses belong to the Rwenzururu Kingdom, which is very powerful in the Rwenzori Sub-region with a well-organised para-military structure.
“If the identities of all these witnesses are disclosed, there is a high likelihood of interference, intimidation and harm towards them or their loved ones,” the state noted.
