When words summarise events

The Rape Case

It was interesting reading the ruling of Justice John Bosco Katutsi in the rape case against Ugandan opposition leader Dr Kizza Besigye.

The High Court Judge said in his ruling that the prosecution had “dismally failed” to prove its case against the opposition leader. He is accordingly acquitted and set free forthwith,” he said.

But those were not exciting words anymore for Ugandans who had been following the case. Just as a friend wrote in an SMS to me,-“we knew Museveni and click would lose”

As I read the story in Daily Monitor, one of Uganda’s local daily newspaper. I decided to pick these quotes and I believe, even those who have been following this case will know what it was right from the beginning.

By citing a 300-year old ruling by an English judge, Justice Katutsi said yesterday, “The evidence before this court is inadequate even to prove a debt, impotent to deprive of a civil right, ridiculous for convicting of the pettiest offence, scandalous if brought forward to support a charge of any grave character, monstrous if to ruin the honour of a man who offered himself as a candidate for the highest office of this country.”

You think that was hard,
“While I did not go to the length of imputing fraud on prosecution, I would like to point out to you that the circumstances of this case seem to me to indicate an attempt to secure evidence-using methods that seem to amount to abuse of process,” Waaoooo!!!!!

So, how do you describe the investigation my Lord?
“The best way to describe the way the investigations were conducted and carried out is that it was ‘crude and amateurish’ and betrays the intentions behind this case.”

But the Victim testified and was a credible witness.
“No she is no ordinary and rustic girl”.

And... “I wondered how a woman who claims to have been sexually assaulted was quite ignorant of the date, let alone the month during which she claims to have been sexually assaulted”.

But rape is too traumatizing to remember all that…
“Surely could an undergraduate offering BA in Arts forget the date and let alone the month on which she experienced the trauma that she claims to have affected her mental stability?”

So how do you describe that my Lord?
“Here, a quick answer would be that Judas Iscariot betrayed his master with a kiss and for a mere 30 pieces of silver.” OOooopppppss!!!
But my Lord…
“Talk of valentine day; to them every weekend is made to appear to have been valentine day. I invite female activists to tell us whether that is the behaviour of a girl who has been raped. I need more education in that area.”

Now, do you doubt the Competence of the investigation institution?
“Here we have a situation where the CID boss has read something from a mere publication, she has not interviewed any would-be complainant, to say the least, to authenticate the publication, is directing a junior officer to open a file against a newspaper-created suspect.
All I can say here is, ‘May God bless this Pearl of Africa! It would appear to me in all fairness to the CID boss that she is gifted with extra sensory perception,” he said. “This surely must be good news for the Pearl of Africa! Suffice it to say that there was no scintilla of evidence suggesting that either Dr Besigye or Kyakuwa were HIV positive, and indeed that if they were, they had the same HIV strain!”

Sorry, My Lord what was the case before you agian?
“The so-called first information for whatever it is worth was not on rape”.

Mr Simon Byabakama Mugenyi, you are the deputy DPP who prosecuted the case, what do you have to say?
“I am not surprised. The judgment was concluded long ago on the judge’s advice to the assessors.”

Mr David Mpanga, you were the defence lawyer, what do you think?
“This sad case was born in the deluded mind of Ms Joanita Kyakuwa, it was nurtured and developed in State House, and cooked to imperfection in the Criminal Investigations Directorate of the Uganda Police. It was presented in full inadequacy by the Deputy Director of Public Prosecutions”.

Dr Besigye, any comment on this ruling?
“I am very happy that another case of abuse of the legal process has been successfully disposed of. The role of especially President Museveni himself and the director of CID in originating, building up and prosecuting this abuse of the legal process is crystal clear and unprecedented.”

And my dear President Museveni, your last word on this?
“Dr Kizza Besigye would not be tried for terrorism and illegal possession of firearms in the General Court Martial”.

Redefining the boundaries of free speech

The publication of cartoons depicting Prophet Muhammad in the European media that provoked reactions across the world has threatened the world press.

The event not only raises the questions of fundamental rights but also that of civic obligation.

Not only is the Islamic world asking journalists to define where the boundaries of free speech lie but the entire world.

The cartoons published in the Danish Paper were meant to illustrate the difficulty encountered by the writer Kare Bluitgen, in finding an illustrator for his children’s book on the life of Mohammed.

The newspapers had the right to publish them and I agree with my colleagues in the profession who urge that our’s is an era marked by growth of religious belief, politicisation and all religion must be open to a full range of opinion and analysis

But I do not believe it is not the duty of a journalist to criticize any religion as such or to make fun of other people’s deeply held beliefs. It is one thing to lambaste exaggerated radical fringes of a belief system, and quite another to attack that belief system as a whole

Satire is a form of analysis, but freedom of speech is not absolute and does not give a journalist the right to cry ‘fire’ in a crowed theater

And this takes us back to one of the most debated topics at journalism school- “Social Responsibility”- where should the lines be drawn. There are three issues here that the journalist world needs to put in mind.

First it is against Islamic principle to represent in imagery not only Muhammed but all the prophets of Islam. This is a clear prohibition in Islam.

Secondly in the Muslim world, no jokes or laughter is made at religion and there are hardly any jokes both in the Quran and the Bible. For that reason, these cartoons are seen by average Muslim as a transgression against something sacred, a provocation against Islam.

My colleagues need to understand that; this is not a legal issue or an issue of rights. Free speech is a right and protected. No one should contest that. But at the same time we are working in a complex dynamic society with diverse cultures and there should be sensitivity to this.

There are no legal limits to speeches but there are civic limits. In any society there is a civic understanding that free speech should be exercised responsibly so as not to provoke sensitivities.

It was unwise to publish these cartoons as a way to raise or start a debate, such a move inflames emotions, and it does not court reasons. It is useless provocation.

Indeed, cartoonist Lars Refin has not understood how to use his undeniable freedom of expression wisely.

The Law in Africa

Yoweri Museveni’s election victory did not take the World by surprise; he is a strong man on this part of the earth. I took much interest in the electioneering in mu country-Uganda largely due to the fragile East African Community and the belief that Africa is noted to have become full of fresh democratic air. I received a text message that made me get very angry with Africa during the voter counting in Uganda. It read in part… “Pray for us. Preliminary results in 49 counting points show that Bisigye is leading. Some people are scared and most offices are locked.” Why on earth should a country that claims to be a democracy create a scenario where ones victory can be synonymous to chaos?

Note; my fellow country man wanted prayers not because he didn’t vote for Besigye, but because he was scared that a Bisigye victory will unleash the old bush Museveni on Ugandans. East Africans have witnessed increased democratic space ever since Julius Nyerere relinquished power followed by Daniel Arap Moi. This however does not mean that citizens in these three countries breathe freely; they are constantly harassed by the thought police.

Please allow me to digress a bit… a text message just landed from my Kenyan editor,where government has stomped the East African Standard Newspaper offices. It reads in part, “The Law. It is a great book. I now see clearly how the state protects the interests of the powerful under the guise of enforcing the law…” a Kenyan Managing Editor is being held by the police for publishing a story that alleged that a former ‘rebel’ minister, now an opposition luminary held secret talks with the Kenyan president! May those up and high left with some space for reason release him in one piece.

Just incase you are not familiar with the World of books, get hold of the book ‘The Law’ by Frederic Bastiat and you need not get surprised when you read about leaders claiming to be helping the masses. And so stated Bastiat, ‘The state is that great fiction by which everyone tries to live at the expense of everyone else.’ I hope the Kenyan government operatives will buy past newspaper issues where they have advertised extensively about freedom of _expression…all Kenyans of goodwill need it.

Back to my story, Ugandans had to weigh between sustaining tranquility at the expense of popular vote. The Ugandan case, just as it is in the Kenyan media freedom scenario, point at the need to stop individuals from turning into institutions unto themselves. People in Africa must be wary of any one who attends to them in the name of saving or helping them. So Museveni, as you take up your final term (that is, if you don’t change your mind again) note that Ugandans respect the fact that you stabilized the country, but they too know that a savior can turn to a devil if he overstays his calling.oops!! hope my minister for Information does not read it