By Mulengera Reporters
On Tuesday 23rd, Deputy IGG Annie Muhairwe unexpectedly turned up at the Makindye Magistrates Court ready to give evidence in the ongoing criminal defamation trial of journalist Dean Lubowa Saava of the famous TV10 Gano Mazima.
Being the complainant in that case, Muhairwe (who also has a civil suit against the same person in the High Court) was brought as one of the four prosecution witnesses for that day. Saava seemed shocked and surprised to see her turn up with so much enthusiasm; while assuring the trial Magistrate that she was ready to demonstrate to Court the ways in which the controversial online broadcaster’s broadcasts diminished her reputation and standing in society.
However, there was no readiness to proceed with the case for that day because the accused person’s defense lawyer (Sam Ahamya) wasn’t present. The accused person personally informed Court of this fact but exhibited his readiness to engage with the complainant to achieve de-escalation under what he called, in his layman’s language, “out of court settlement.”
But Muhairwe, who for weeks endured hostile broadcasts, wasn’t enthused. She informed the Magistrate that she wasn’t interested in any informal discussions with the accused person (against whom she has previously obtained favored rulings and decisions in the High Court before Justice Joyce Kavuma of the Civil Division of the High Court).
The newly-reappointed Deputy IGG, whose supporters believe that Saava’s online broadcasts were calculated at diminishing her re-appointment chances, explained to Court she wasn’t prepared to engage in any direct talks with Saava. She said the matter was now the state’s and that the senior prosecutor Richard Biruvumbuka (who naturally stands chance to boost his CV as a young prosecutor through successfully concluding such cases) now has the last word on the case, on behalf of the Ugandan state on whose behalf Saava is being prosecuted.
And unrelenting as always, Birivumbuka told the Magistrate that the investigations were long concluded and that for them are ready to expeditiously prosecute him and conclude the making of their case. He enumerated the prosecution witnesses who are ready to be brought to Court to corroborate the prosecution’s case.
He said that all they are praying for is for the accused person to get access to the appropriate legal representation by way of ensuring that his defense lawyers are present as the next Court hearing.
Birivumbuka, who is also leading the prosecution of treason suspects Dr. Kizza Besigye and Obed Lutale, didn’t seem to have much appetite for the negotiations the accused person seemed to be craving. He said all they are prepared for is to respect the accused person’s rights by enabling him have a speedy trial as is required under the Constitution. On Tuesday alone, Birivumbuka demonstrated his readiness by informing Court that he was ready to lead four witnesses, giving evidence against Saava.
As Saava, who is facing several other Court cases, was remanded back to Luzira, the Magistrate adjourned the hearing to 16th February 2026 when the accused person’s defense lawyer Counsel Sam Ahamya is expected to be available.
Birivumbuka made it clear that, as prosecution, they weren’t comfortable proceeding with the trial without the accused person being properly represented by a lawyer who has to keep making him understanding what the implications of the witnesses’ evidence are.
In a bid to communicate to the Magistrate his readiness to negotiate with the complainant, the accused person had used the word “out of court settlement,” but he was informed that such doesn’t exist in criminal matters, like the one he is faced with. To Birivumbuka, all this demonstrated why it’s important for the accused person to be legally represented.
The Magistrate sensitized the accused person that what can be availed to him under criminal matters is instead known as “plea-bargain,” which basically is about the accused person owning up and pleading guilty to the charges. This nevertheless doesn’t shield him from jail term. It only saves him time and money that would be expended on lawyers hired to defend him during full trial. It also enables Court to save its time, that would be expended trying him, so that that time is spent hearing other criminal cases.
Then the Magistrate will read the law on the prescribed punishment (technically known as sentence), apply the same on the circumstances of that particular case and then proclaim the appropriate sentence which can be a jail term, fine or both. The Magistrate has the discretion and the last word to determine or decide for how long the accused person gets to serve in prison upon pleading guilty, under the plea-bargaining arrangement.
Ms Muhairwe consistently told Court during the Tuesday session that she was not interested in any informal negotiations or reconciliation with Dean Lubowa Saava, his lawyer or any other representative of his since she is merely a state witness. She registered her desire for the Magistrate to direct that any such communication must be channeled through the team of state prosecutors who are led by senior prosecutor Richard Birivumbuka.
Besides Muhairwe’s, the accused person faces several other criminal cases including the one relating to alleged illegal broadcasting without UCC licensing and another one relating to contempt of Court over which Justice Simon Peter Kinobe of the Civil Division of the High Court recently sentenced him to a jail term of three months. (For comments on this story, get back to us on 0705579994 [WhatsApp line], 0779411734 & 041 4674611 or email us at mulengeranews@gmail.com).
