Otunnu's open court bid dismissed

KAMPALA - The Buganda Road Chief Magistrate's Court has dismissed an application by Dr. Olara Otunnu in which he had requested court to hear the defamation case against him in open court.

On Wednesday, Grade One Magistrate Joan Aciro ruled that since Otunnu's lawyer Asuman Basalirwa freely conceded to hearing the case on camera on the application by prosecution, the court cannot shift goal posts on facts.

"The defense lawyer was given an opportunity to make a reply by the state to hear the case on camera but he did not oppose it.  Accordingly, the application is dismissed," she ruled.

She also agreed with the prosecution team led by Peter Mugisha that since the witness in the case is a journalist, it is better he testifies on camera in regard to his profession.

Otunnu has a chat with his second lawyer, Isaac Kimaze Semakadde. (Credit: Wilfred Sanya)

Prosecution is saying that on January 16, 2013 at UPC party headquarters in Kampala, Otunnu intended to defame President Yoweri Museveni by causing publication of a defamatory matter.

It is further alleged that on February 28, 2013 without reasonable excuse, he also ignored  police summons to appear before the Media Crime Department at CIID despite acknowledging receipt of the summon at a press conference he again convened at Uganda House.

Recently, his lawyer Basalirwa made the application to hear the case in open court on grounds that he was misled by prosecution to believe that the witness had security fears to testify in open court.

In open court, a party or their attorney appears in a public court session such as during a trial. And normally, the public may be present at trials, hearings and similar routine matters.

Basalirwa said that whatever Gideon Tugume, a former journalist with Top TV, said on camera was already in public domain and had nothing to do with his security.

On his part, the prosecutor told court that he had no witnesses in court and asked for an adjournment to summon more witnesses.

The case was adjourned until September 2 for further hearing.