Thursday, June 1, 2017

Pr. Moses Solomon Male: The Judiciary is grossly lying about Bishop Patrick Makumbi's defilement victim and mother’s re-arrest by Kajjansi Court

Pr. Moses Solomon Male: The Judiciary is grossly lying about Bishop Patrick Makumbi's defilement victim and mother’s re-arrest by Kajjansi Court

Pr. Moses Solomon Male: The Judiciary is grossly lying about Bishop Patric...

Pr. Moses Solomon Male: The Judiciary is grossly lying about Bishop Patric...:       ARCH    P. O Box 11902, Kampala Uganda. Tel 256-772-479386 msmalearch@gmail.com         Office: suite 309 Span House, Plot 1 Porta...

The Judiciary is grossly lying about Bishop Patrick Makumbi's defilement victim and mother’s re-arrest by Kajjansi Court

      ARCH   P. O Box 11902, Kampala Uganda. Tel 256-772-479386 msmalearch@gmail.com       
Office: suite 309 Span House, Plot 1 Portal Avenue near Workers House, Kampala
Commissioned to equip God’s people for Freedom: come, we can accomplish this call together

1 June 2017

The Judiciary is grossly lying about Peace Nanangwe and Shamira Nalweyiso’s re-arrest:

I have noted with concern the Judiciary’s false claims that social media reports about the Kajjansi Grade 1 Magistrate’s conduct in case FJ 013/16 are misleading.

It is so surprising that a reformed and truthful Judiciary over-seeing Temples of Justice can respond with such blatant lies and all due impunity to Social media reports about the Kajjansi Grade 1 Magistrate, Hope Bagyenda’s conduct: canceling the accused’s bail without considering their plights and all circumstances surrounding the case.

Foremost, it is not true that there is another accused person in the matter still at large. The two accused: Shamira Nalweyiso (Defilement victim) and Peace Nanangwe (her mother) now incarcerated were first arrested mid September 2016 and taken to Kajjansi Court sitting at Kitende and were remanded:   

This is a brief chronology of events:

Ø  On 18 June 2016, Shamirah Nalweyiso, a 15 year old girl and Primary Seven candidate in the company of her mother Peace Nanangwe was directed by doctors in Mulago National Referral Hospital where she had been taken for post abortion treatment as advised by Zia Angelina Health Centre in Namugongo to report a case of defilement, SD13/18/06/2016 against Pr Bishop Patrick Makumbi of International Gospel Healing Center, Lweza whom she accused of defiling her after being examined for an abortion. The case was transferred to Kajjansi Police Station for investigations.

Ø  Sadly, instead of thoroughly investigating the defilement complaint, Police killed and had it closed then arrested the victim and her mother and charged them for Giving Police False Information on file FJ 013/16. Peace Nanangwe was remanded in Kigo Prison while Shamirah Nalweyiso, a minor was sent to Naguru Remand Home. They lacked legal representation.

Ø  Bukedde, Kalondoozi of Thursday 29 September 2016 carried a detailed story headlined “Owa P7 alindilira PLE kituufu yasobezebwako: kati bamuwa batya ekibonerezo namba 2 eky’okusibwa olw’okuloopa gwateebereza okumusobya!” which underscored Police improprieties in handling the matter.

Ø  On 17 October 2016, Peace Nanangwe was given bail and because Shamirah Nalweyiso had not been presented to court by the Naguru Remand Home authorities, she got bail on 24 October 2016. The case proceeded as follows:

·         Nov 7 2016: both accused attended court
·         Dec 5 2016: Investigating officer Ramathan Kozala testified
·         Jan 10 2017: OC CID Kajjansi Police Station Richard Mwijukye testified
·         Feb 7 2017: No prosecution witnesses but both accused attended court
·         March 29 2017: Nanangwe Peace arrived at court slightly after 09.00am when court session was still in progress but their file had just been read in their absence and an arrest warrant sought by prosecution and case adjourned to April 28 2017. The arrest warrant was overtaken by events because she appeared and Grade 1 Magistrate Hope Bagyenda told her to be early. Nanangwe explained to the Magistrate the whereabouts of the victim and co-accused (her daughter) under the charge of Naguru Reception Centre taken there by the Government for protection which did not bring her to court despite full knowledge of the circumstances under which she had been taken there.

·         April 28 2017: Nanangwe still reported alone to court when the file had been read and the Magistrate warned her to ensure that next time, on May 30 2017, Shamira Nalweyiso (Defilement victim) also attended court.

·         On Tuesday May 30 2017: Nanangwe and her daughter Shamirah Nalweyiso (Defilement victim) got to court when their file had already been read.

Ø  Notable is that from Peace Nanangwe’s account to me, after being released on bail, Bishop Patrick Makumbi perturbed that the accused were maintaining the defilement accusations against him despite its closure by the RSA Kajjansi, on several occasions in vain used people like Kwagala Reuben aka First Born to compromise them into confessing that the defilement accusations against him were a fabrication. When they refused, his men started harassing them and threatened to kidnap the victim which prompted Nanangwe to seek for her protection from the Ministry of Gender, Labor & Social Development where she got connected to SAUTI Uganda which finally got her (Shamirah Nalweyiso) into Naguru Reception Centre where she lived till 30th May 2017 when she was taken to court to be arrested.

Ø  Furthermore, since the victim was taken on by the Naguru Reception Centre, the centre made no effort to present her to court despite Nanangwe’s persistent calls on its staff to do so. Arriving at court late was due to the distance she has to travel using public transport from Namugongo through Kampala and its traffic jam to Kitende court in Kajjansi.

And though Shamirah was just being kept for protection, not in detention, her (Nanangwe’s) access to her as mother was restricted. Besides, Nanangwe complained about the staff’s hostility and utterances that the defilement case was a frame-up and wondered how they had developed such attitude. She suspected Bishop Makumbi’s influencing of the Centre’s staff to compromise the victim.

When on Thursday 25 May 2017 Nanangwe told me how she didn’t have transport to court, I offered to provide and emphasized that she must get to court early enough with the victim who the Magistrate had previously demanded to appear in court without any excuse.

On Tuesday 30 May 2017, I missed her call at about 7.30am. When I called back at around 08.00am, she told me that though she had arrived very early about 7am at Naguru Reception Centre, she could not be given the victim in the absence of the Centre’s boss who reports after 8am. When the boss arrived after 8am and the victim was finally released to her, she was barred from using a boda-boda to Kitende court and told to wait for a car scheduled to take them to court, hence their slightly late arrival.

Slightly after 10.00am Nanangwe called and told me how both had been re-arrested at Kitende Court for missing court, late coming and telling her daughter’s defilement story to the media.

Bishop Patrick Makumbi’s aide, Kwagala Reuben aka First Born’s involvement with the Naguru Reception Centre’s staff and at court confirm his influencing of the events at court. He snatched them out of court into a parked car claiming he had talked to the State Attorney and they were re-arrested.

What has unfolded is a conspiracy between the Bishop Makumbi, Police, State Attorney and Court to victimize the Defilement victim and her mother further so as to silence them on defilement, which is a very unfortunate injustice being committed by the systems that should have helped the victim to access justice. It is like telling sexual abuse victims never to dare report lest they suffer similar injustices.

My memory of the injustices I and my co-accused Pr Michael David Kyazze, Pr Martin Sempa, Pr Robert Kaira, Deborah Anita Kyomuhendo and David Mukalazi whose own sodomy complaint against Miracle Centre Cathedral Pr Robert Kayanja was deliberately trashed is still fresh on my mind. Mukalazi was framed and prosecuted with us because he refused to retract his accusations against his sodomy abuser, Pr Robert Kayanja. We now witness history repeating itself: defilement victim and mother persecuted by the very systems that must have helped the victim to access justice!

When the Judiciary says On the issue of the defilement allegations, the accused was advised to follow the proper reporting process which has not done to date,” I see a system bent on covering its own for the sake of maintaining an image. Can the Police which killed the Defilement case re-open it up to expose its rot!! That is yet to be seen. We tried to do it in the Pr Robert Kayanja sodomy saga and failed because his cash is what every officer wanted. Besides, he had state patronage just like Bishop Patrick Makumbi has. What a joke on the part of the judiciary!!!!!

It is a fact that two lawyers have tried to get the Police defilement file in vain. Bishop Makumbi has money and state patronage. So judiciary, please tell the truth and don’t joke. The judiciary has done an injustice to the defilement victim Shamirah Nalweyiso and her mother Peace Nanangwe. Nothing more and nothing less and it is telling victims never to bother report because they won’t access justice.

Finally, we need to stand against all injustices. Remember what Edmund Burke (1729 – 97) said, “The only thing necessary for the evil to triumph is for good men to do nothing.” 

When the Judiciary lies to cover up its own rot, then there is not only need to worry, but great need for the every right thinking to rise and do something toward sorting the mess. Today it is Shamirah and Peace, tomorrow it may be you or someone you greatly love.

Peace and blessings
  
Moses Solomon Male
Pr / Exec Director ARCH        0772479386/ 0702196511
Leader, National Coalition Against Homosexuality & Sexual Abuses in Uganda (NCAHSAU)