Judiciary introduces audio visual evidence for the vulnerable

This year, the judiciary will start receiving evidence through audio and video links from witnesses who cannot physically appear in court, especially the children.

The intervention will make it possible for courts to receive evidence by audio video link from witnesses who cannot appear in court due to infancy, old age, distance and costs.

"The Rules Committee of parliament has approved a Practice Direction on Audio Visual Evidence to provide for taking of evidence by audio and video link which we shall issue soon," Chief Justice Bart Katureebe said.

Currently, the judiciary with support from UNICEF is installing Closed Circuit Cameras that are connected to TV Monitors in the High Courts of Kampala, Gulu, Mbale and Fort Portal, to receive evidence from children.

According to Katureebe, children who are victims of sexual and gender based violence shall appear in court by video link to save them from secondary victimization, which they suffer when they physically appear in court to testify in full view of their molesters.

Katureebe was speaking during the opening of the annual law year at the High Court, Kampala, under the theme, "Promoting the Rule of Law in Uganda through Judicial Accountability and Access."

In his speech the judge expressed concern on the rising number of corruption allegations from the public against judicial officers, especially those in the lower courts.

He warned judicial officers against seeking for bribes from the public, saying that it perverts the cause of justice, perpetuates conflicts in society and undermines civilized ways of resolving disputes.

"I warn judicial officers against using low pay as excuse for corruption. Once found you shall be brought to book," he said.

Katureebe revealed that the judiciary in an effort to eliminate opportunistic corruption in its systems is in the final stages of developing a five year ICT strategy estimated to cost about sh36b with an annual requirement of sh7.2b.

Last year President Yoweri Museveni promised to fund the program for five years.

On the issue of case backlog the judge said that the court case census carried out last year showed that the judiciary has 114, 512. Out of it, the Supreme Court has 97 cases, the Court of Appeal has 5,844, High court has 35,548 and the magistrates' court has 68,115 cases.

"With this information, we shall review our case backlog reduction program focusing more on stemming the growth of case backlog as well as clearing the existing old cases," he said.

Katureebe set out targets for each court in order to curb backlog. In the targets, the Supreme Court is expected to complete 80 cases, court of appeal 600 cases, High court 300, Registrars 400, Chief Magistrates 600, magistrates grade one of more than 3 years standing, 300, and Magistrate grade two 300 cases, this year.

Unlike last year, when lawyers boycotted the celebrations in protest of the delayed appointment of a new chief justice, this year, they attended in hundreds. The deputy inspector of Police, Okoth Ochola, The Director of Public Prosecutions, Mike Chibita and the attorney general, Fred Ruhindi, were also in attendance.

Katureebe revealed that in the last law year, 2015, the judiciary managed to hear and dispose of a total of 150,052 cases as compared to 128,000 in the year 2013/2014.

However, Godfrey Kaweesa, the president of the Uganda Judicial Officers Association (UJOA) said that the judicial officers need to be motivated for them perform their roles effectively.

"If human resource is not adequately motivated, then programs however good, may fail. You pay peanuts, you get monkeys," he said.

He pointed out that the institution's current funding gap is about sh180b, making it incapable of effectively checking the excesses of the Executive and Legislature.

He cast doubt in the institutions ability to handle election petitions, saying that the judicial officers have not yet been accorded refresher courses in handling the petitions that are expected to arise out of the forthcoming elections.

Kaweesa observed that the human resource is still lacking though the some judicial officers were appointed.

It should be noted that last year, the president appointed six justices of the Supreme Court, two courts of appeal judges and sixteen high court judges.

The Judicial Service Commission also appointed 23 deputy registrars, 21 chief magistrates, two senior principal grade one magistrates, four principal grade one magistrates; one senior grade one magistrate and 56 magistrates grade one.

The AG in his speech assured the judiciary that all vacant positions will be filled up by close of this year. He said the number of judges will increase from the current 51 to 82.

He said that government is planning to construct judicial service centers in every district across the country, and that plans are under way to ensure that each of the districts has a chief magistrate.

"This is in a bid to improve access to justice by all the country's citizens, and a faster handling of cases to reduce backlog," he said.

He however, down played the doubts that courts will not be able to handle election petitions effectively, saying that the Judiciary can and will be able to handle all the petitions.