Man convicted for blackmailing NEMA bosses

Dec 31, 2017

Prosecution says between March 25 and 30 of 2015 in Kampala, Mubangizi sent electronic messages to various people including Dr. Tom Okurut and Dr. Gerald Sawula containing malicious allegations of corruption, misuse of NEMA funds and mismanagement of wetlands.

Buganda Road Chief Magistrate's court has convicted a man for masterminding a blackmail plot against National Environment Management Authority (NEMA) directors.

Chief Magistrate James Ereemye Mawanda convicted Matia Mubangizi on charges of offensive communication and cyber stalking after prosecution presented eight witnesses, who pinned him of the crime.

"I find that prosecution has proved the offences beyond reasonable doubt against the accused and I therefore convict him accordingly," he ruled.  

Prosecution says between March 25 and 30 of 2015 in Kampala, Mubangizi sent electronic messages to various people including Dr. Tom Okurut and Dr. Gerald Sawula containing malicious allegations of corruption, misuse of NEMA funds and mismanagement of wetlands.

Prosecution further states that the messages contained threats to report the directors to the police, Inspector General of Government (IGG), petition the Speaker of Parliament  to form a commission to investigate the allegations and to hold a demonstration against the directors, whom he referred to as ‘mafias' and ‘thugs'   

Okurut is NEMA's executive director, while Sawula was the then deputy executive director at the top Government watchdog on environment. 

According to the magistrate, it is evident from the repetitive accusatory, abusive and threatening electronic communication that the disclosure made by Mubangizi was more of an attack on the directors.

"This was not fair because it was made in bad faith. Accordingly, it was not a protected disclosure. Therefore the convict is not entitled to protection under the Whistleblower's Act in respect to the electronic messages," he observed.

Although Mubangizi had asserted that he was a whistleblower, Ereemye said he is not protected by the Whistleblower's Act because electronic messages that he sent did not amount to a protected disclosure, as they were made to the persons other than the authorised officials.

 Ereemye observed that although the messages were sent to other people, it targeted Dr. Okurut and Dr. Sawula with intentions to instill fear in them, which constitutes harassment and thus cyber stalking.

The court stated that prosecution proved that the accused willfully and repeatedly used electronic communication to disturb or attempt to disturb the peace and right of privacy of the directors without any legitimate purpose, which tantamounts to offensive communication.  

Prosecution says that laptop that was found in the office of Mubangizi was used to send messages to NEMA staffs.

According to the forensic report, the laptop had three messages which were authored by Mubangizi, who represented himself as Racheal Amogin. But Mubangizi confirmed to court that he used Amongin's email account to send the said messages.

The messages were "why mafia Dr. Sawula should have been forced out of office five years ago, NEMA master mafia Dr. Sawula gets more two years as the deputy executive director after board members faults Uganda public service standing orders, and save our wetland, save our environment. How mafia Sawula is drying our lakes by selling wetlands.

 

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