Mabirizi wants to be released pending the determination of his intended appeal against the decision to convict and sentence him to 18 months in jail for contempt of Court.
Court presided over by Grade One Magistrate Sanula Nambozo on Friday halted the proceedings and forwarded the file to the Constitutional Court as requested by Mabirizi for its interpretation.
Busobozi asked Court to direct Kyazze to take oath for cross-examination on his submission. Speaking on behalf of the team, Bazekuketta explained that they want to cross-examine the State Attorney over his claims that the DPP is still inquiring into the matter, saying there was no evidence to this effect.
The Assistant Officer in Charge of Luzira Prison Herber Kaheeru affirmed the position while appearing before the Criminal Division Judge Isaac Muwata to explain why it was not possible to give jailed lawyer Male Mabirizi internet services as he had requested.
In a petition dated April 19 2022 addressed to the Principal Judge, Mabirizi states that the applications were all bundled together and kept before Ssekaana and to date, they have never been fixed for hearing.
Walyemera told the court that Ssemakadde is already standing trial in court on similar offences, which are being investigated by the Criminal Investigations Directorate and is out on police bond. He argued that the double proceedings against his client is tantamount to abuse of the Court process.
On Tuesday, when the matter came up for mention before Buganda Road Grade One Magistrate, Sanula Nambozo, State Attorneys Joan Keko and Ivan Kyazze informed Court that they had instructions from the Director of Public Prosecutions to take over the matter.
According to Mabirizi, this is not a case that needs to be rushed because the petitioner Rutaro has a personal vendetta against him, hatred and bad relationship between them which has since become sour
Ssemakadde was summoned to appear today before the Court presided over by Grade One Magistrate Marion Mangeni to be charged on three offenses stemming from his posts on his Twitter handle where he allegedly abused High Court Judge Musa Ssekaana.
On Thursday morning, Ssemakadde through his lawyers of Walyemela and Company Advocates, Thomas and Michael Advocates and Gem Advocates filed an application before Buganda Road Chief Magistrate’s court to set aside the charges on grounds that the summons issued against didn’t follow due process of the law, which makes then invalid.
Ssekaana issued an order for the arrest of Mabirizi on February 15, 2022, after finding him guilty of contempt of court for allegedly attacking judicial officers using his social media platforms. He had earlier on ordered Mabirizi to pay a fine of 300 million Shillings for the same offence.
Mabirizi accused Ssekaana for being biased , incompetent and not able to head the smallest court of a family, and one who doesn't qualify for any award from Uganda Law Society and even for a Grade Two Magistrate
Mabirizi ran to the appellant court when Justice Ssekaana found him guilty of contempt of court on February 15th, 2022 and sentenced him to 18 months in civil prison. The same had earlier on January 27th, 2022 issued orders stopping Mabirizi from using his social pages to attack judicial officers.
Ssemakadde has been summoned by Assistant Commissioner of Police Julius Twinomujuni on behalf of the Director CID to report at the CID headquarters in Kibuli on February 28th, 2022. He will be interviewed and also asked to record a statement for offensive communication.
Meanwhile Mabirizi has petitioned the Inspector General of Government Beti Kamya seeking to be given information related to Ssekaana's wealth declaration documents such that he can prosecute him.
A section of lawyers interviewed by URN on Mabirizi's conviction have expressed mixed feelings. Some of the lawyers described the sentence as harsh and advised him to appeal and the sentence.
Mabirizi’s lawyer Noel Nuwe asked the Court to give his client an opportunity to appear and explain if he made those posts in violation of the earlier court order. Nuwe argued that Mabirizi was not aware of the court ruling that barred him from attacking judicial officers and only came to know about it on Tuesday morning and needed more time to defend himself.
Mabirizi told Uganda Radio Network that he has many options after this decision, including reinstating the case before LDC Court, arguing that he gathered sufficient evidence to convict Kyagulanyi.
Chapter Four Uganda’s Nicholas Opiyo says that by Mabirizi’s behavior alone, he is narrowing the court's tolerance of public interest litigation and hopes that courts can move beyond the single litigant irritation to uphold the expansive realm of public interest suits in the constitution in matters of human rights enforcement.
“The evidence on record is sufficient to prove that both the Twitter handles and Facebook Page-Uganda People’s Interests belong to the Respondent-Male Mabirizi and his unique headed or colored and well-designed paper with complaints to Judicial Service Commission and other agencies”, said Ssekaana.
