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”.