By Mulengera Reporters
During the Thursday court session as journalist Dean Lubowa Saava was being arraigned, the Utilities & Standards Court Chief Magistrate Gladys Kamasanyu generally called on defence lawyers to stop leveraging Article 23 of the Constitution to mislead and deceive their clients and the general public about matters regarding bail.
Led by Abdullah Hamza Kigge, the defence lawyers had submitted that they had been instructed to apply for bail which they said is a right to which their client was entitled. Demanding to know whether they went to the same LDC where she was trained from too, Her Worship Kamasanyu rebuked the lawyers for being so misleading. “If it’s indeed a right as you assert, why they are you applying for it?” Kamasanyu playfully exploded.
Her protestations prompted one of the defence lawyers to submit afresh and make it clear that whereas the right to apply for bail was automatic and available under Article 23, the grant of bail was discretionary meaning that an individual judicial officer has power to allow or disallow the bail application.
In the end, Kamasanyu promised to hear Saava’s bail application on Monday 13th October whereafter she will determine whether to release the accused person on bail or not. She remanded him to Luzira till that day.
The defence lawyers subsequently owned up and registered their remorse over having initially stated the wrong position of the law (as enshrined under Article 23) on bail.
Saava was charged with installing and operating online TV broadcasting equipment without being licensed by UCC, and with going on to conduct online TV broadcasting without being authorized to do so by UCC, the mandated regulator.
The 3rd count was about allegedly disobeying lawful orders by UCC which in its 23rd August decision directed him to commence on broadcasting license acquisition process besides pulling down content that had earlier on been contested by three applicants including Prof Badru Kateregga and Post Bank Uganda.
The accused person denied all the charges and maintained his innocence. The state prosecutors from UCC made it clear that investigations are complete and they are ready to produce their evidence against the accused person who is facing offences created under sections 27 & 28 of the Uganda Communications Act plus Regulation No. 46 of Uganda Communications Content Regulations. (For comments on this story, get back to us on 0705579994 [WhatsApp line], 0779411734 & 041 4674611 or email us at mulengeranews@gmail.com).
