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)
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