Kampala, Uganda | THE INDEPENDENT | The International Crimes Division of the High Court has allowed an application seeking to protect 70 witnesses the prosecutors intend to rely on to try the Rwenzururu cultural leader, Omusinga Charles Wesley Mumbere and his co-accused on terrorism charges.
Mumbere and 203 others are facing 41 charges related to murder, terrorism, attempted murder, and aggravated robbery, allegedly committed in 2016.
In July 2022, the prosecution led by Marion Ben Bella and Lillian Omar, asked the court presided over by Lady Justice Alice Komuhangi Khaukha to allow them to conceal the identities of the 70 witnesses, arguing that it is not safe at this stage of the pretrial hearing because their lives and those of their loved ones would be in danger.
The application was exparte and therefore the lawyers representing Mumbere and his co-accused, as well as the public were not allowed during the hearing of this case.
But the prosecutors relied on affidavits sworn by Assistant Director of Public Prosecutions, Thomas Jatiko, and police officer Benon Emmanuel Ayebare who said that witnesses are factual in that their evidence is crucial and it directly implicates the accused persons.
These said the witnesses are receiving threats which are directly coming from the accused persons and their accomplices who are still on the run, because of their participation in the case and both come from Obusinga Bwa Rwenzururu Institution.
They added that the cultural institution is very powerful in the Mountain Rwenzori region, with a well-organized paramilitary structure and that the kingdom loyalists are known to be very violent against those deemed opposed to the institution.
Court heard that the security situation in the region is still volatile and violence can easily escalate which is the reason why the trial cannot be conducted in Kasese or within Mountain Rwenzori region.
Court also heard that if the identities of all these witnesses are disclosed, there is a high likelihood of interference, intimidation, and harm towards their loved ones as there is likely to be a long time lag between disclosure and the actual trial.
“That all the witnesses subject to the application are permanent residents in the region and the cost of protection by way of relocation or otherwise would be unreasonable in the circumstances yet there are no protection measures for any of the witnesses at the moment,” the prosecutors said.
They thus asked court to grant their application and allow them to disclose the evidence of only 42 witnesses but also in a summarized manner fifteen days towards the beginning of the trial.
In her ruling, Komuhangi allowed the application saying she is satisfied that there is an objectively justifiable risk to the safety of 70 prosecution witnesses because of the security threat to their lives and that of their loved ones.
Komuhangi said she has taken note of the affidavit by the police officer, that the Rwenzori region is still tense characterized by the high levels of violence, kidnaps and volatility perpetrated by some members of the institution against the government and anyone deemed opposed to their activities.
“That some members of parliament, deserters or former servicemen of armed forces, are well trained in offensive techniques and equipped to perpetuate violence and harm to those deemed opposed to the institution,“ said Komuhangi.
The Judge added that; “I also find that in the interest of confidentiality and safety of witnesses, their families, and administration of justice, that this application should be granted. Moreover, it is the considered opinion of this court that if these protective measures are granted, they will not prejudice the accused persons because the risks cited are proportionate to the rights of the accused.”
According to Komuhangi, failure to do this would otherwise make the witness fear to testify for fearing threats to themselves and their families or their physiological well-being, privacy, and dignity.
As a result, she has ordered that the real names of 70 witnesses be substituted with pseudo names and that their identities shall be concealed from the public record in all proceedings related to this case.
The Judge has further ordered that police statements and related material likely to disclose the identities of 28 witnesses shall be disclosed in a protected manner and the evidence of 42 other witnesses shall be done in a summary form, 15 days prior to their testimonies in court, should charges against the accused persons be confirmed.
Mumbere, the key suspect in this case was arrested on November 27, 2016 together with 203 royal guards and granted bail in 2017. But the Kingdom lawyers say 11 of these accused persons have since passed on while in prison before getting justice.
In 2018, Mumbere and the group were committed to the International Crimes Division of the High Court in Kololo by Jinja High Court to face charges, shortly after being granted bail and his movements restricted within Kampala, Wakiso, and Mukono districts.
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