By Mulengera Reporters
Last Monday, Makindye-based Utilities & Standards Court Chief Magistrate Gladys Kamasanyu announced she would be away for a two weeks’ leave effective Tuesday 14th October. She will be back on Monday 3rd November.
Kamasanyu told lawyers and parties appearing before her that Monday that she intended to deliver many of the pending judgments before breaking off for the leave.
She reflected on the fact that being Chief Magistrate in a busy Kampala Court like hers can be very exhaustive because you have to spend the whole day seated in Court and listening to parties, besides reading documents & writing judgments on top of doing administrative work including guiding and supervising Magistrates under her.
She implored them to be human and to understand why she has to break off for those two weeks to go and replenish herself, recharge her battery and bounce back.
One of the cases she had to adjourn that day to fit into that new reality (namely that she won’t be around between 14th October and 3rd November) related to a one Quarish Yasin Lubowa Ssegirinya, a 30-year-old Kiseka market mechanic.
He is charged with vandalizing and stealing of telecom equipment from the ATC mast tower site at Namakonkome near Matuga. The young man is unrepresented without a lawyer and has been on remand for more than a year.
Every Monday or Tuesday, he is brought to Court before Magistrate Kamasanyu to listen to state witnesses giving very implicating evidence against him.
The case is being prosecuted by state prosecutors from Uganda Communications Commission (UCC) which is charged with regulating and safeguarding the telecommunications sector and industry.
Quarish was hurt that the Magistrate’s being away for two weeks was going to stall the hearing of his complicated case for another two weeks.
He made it clear that he is tired of being remanded in Luzira. He explained to court how his work has stalled for now almost two years and that his children are suffering and have equally missed school.
Last Monday he was in the dock before the UCC lawyers asked for an adjournment because their next witness (a forensic expert) hadn’t been able to make it as had been expected. Quarish looked broken and frustrated, prompting Kamasanyu to ask him why he was sad.
She is a free-spirited Magistrate who always likes the accused persons, lawyers and witnesses to feel at home in her Court. She tried hard to cheer him up and when he remained broken, Kamasanyu casually asked in Luganda “WhatsApp my good friend Quarish?”
He quickly responded: “Your worship I’m going through a lot and even prayer doesn’t seem to be working anymore. I have been trying plea-bargain but those UCC state lawyers are very tough men. They aren’t being lenient to me at all and they keep saying this is the complainant’s case and not theirs. I’m tired of this never ending thing.”
The Magistrate told him she was here to do her job which is ensuring justice is done and seen to be done for the good of everyone who comes to her Court. Quarish protested saying he doesn’t think so.
He demanded that Kamasanyu helps him talk to the state prosecutors from UCC so that they become soft and more flexible but she declined; making it clear to him that the law, and prudent practice, doesn’t allow her to do that.
Quarish also protested why Kamasanyu would prioritize going on leave instead of concentrating on hearing cases like his. He added that if she knew how painful it is for one to sleep in Luzira or any other prison facility for even one day, she wouldn’t be going on leave.
“Your Worship it’s because you have no idea what it means to go through what I have been through for all these months, otherwise you would be eager to help out either by talking to those state lawyers from UCC or by concluding the hearing of my case instead of going on leave to be away for two weeks,” he fearlessly told the Magistrate causing prolonged laughter.
Kamasanyu agreed with UCC lawyers who advised Quarish to grow up, stop being too casual and become very serious about the plea-bargaining option, in case the feels like taking it up. He says he is only prepared for plea-bargain if the state prosecutors from UCC allow him to just pay the fine and escape the custodial sentence of having to serve out a jail term.
Under the law, he is destined for maximum sentence of not less than 5 years; being a repeat offender-should the ongoing trial end in a conviction. Kamasanyu asked Quarish to understand and appreciate what the UCC lawyers were saying as opposed to blaming his predicament on her Court.
The state prosecutors told Court that Quarish has approached them for now five times so far showing readiness to go for plea-bargaining only for talks to collapse mid-way because he has been too casual and indecisive. (For comments on this story, get back to us on 0705579994 [WhatsApp line], 0779411734 & 041 4674611 or email us at mulengeranews@gmail.com).
