By Joel Mugabi
Buganda Road Court has acquitted two political activists, Augustine Ojobile and Robert Mayanja, of charges of being a common nuisance. Ojobile, an official at the Najjanankumbi-based FDC party’s Electoral Commission (EC), and Mayanja, were accused of being a public nuisance contrary to section 160(1) of the Penal Code Act when they reportedly dropped heads of pigs along on a street in the capital Kampala.
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Prosecution had alleged that on November 15, 2018, while at Buganda Road, near Central Police Station parking yard in Kampala, Ojobile and Mayanja did an act not authorized by law to wit carrying two heads of pigs along Buganda road thereby causing inconvenience to the public in the exercise of common rights.
In his ruling delivered on March 11, Grade One Magistrate Fidelis Otwao, noted that while the defence filed their written submissions, the prosecution didn’t. “This Court therefore proceeded to consider all the evidence on record before coming up with this Judgment. The prosecution bears the burden of proving the charge against the Accused person beyond reasonable doubt,” added the magistrate.
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The presiding judicial officer ruled that there was no scientific evidence to confirm that the red stains on the clothing of the accused indeed constituted blood. Otwao also said that while there were inscriptions such as Kasekende and Kisaame on some of the exhibits, these “do not have any religious connotations or references or abuse of any faith whatsoever.” He went on to note that it was not surprising that none of the persons with the said names recorded a statement at police nor appeared in court to testify against the accused. He dismissed most of the evidence presented by the prosecution to pin Mayanja and Ojobile as “insinuations, assumptions and speculations” which “cannot be treated as a basis for convicting an accused person.”
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In the end, Otwao acquitted the activists. “I am afraid such evidence is wanting and does not meet the standard required in criminal cases. In light of all the foregoing, I find that the prosecution has failed to prove the ingredient of common injury or danger or annoyance or obstruction or inconvenience to the public in exercise of common rights beyond reasonable doubt,” he ruled. “I find that the prosecution has not proved beyond reasonable doubt the offence of common nuisance against each of the Accused persons. I hereby acquit each of the Accused of the offence – common nuisance C/s 160(1) Penal Code Act. Accordingly, each of the Accused persons is hereby set free unless any of them is being held over other lawful charges.” (For comments on this story, call, text or whatsapp us on 0705579994 [whatsapp line], 0779411734, 0200900416 or email us at[email protected]).
