NRM's Mulindwa acquitted over assaulting journalist

NRM party communication officer, Rogers Mulindwa, has been acquitted of assault and damaging property of a Masaka-based correspondent of Uganda Radio Network (URN), Edward Bindhe.

Court presided over by the Masaka Grade 1 Magistrate, Adam Byaruhanga ruled on Tuesday that prosecution failed to adduce sufficient evidence of malicious damage of property and assault occasioning to actual bodily harm of Bindhe by Mulindwa.

Bindhe with back up from Human Rights for Journalist Network (HRNJ)'s legal team dragged Mulindwa to court stating that on May 12, 2015 at Garden Courts in Masaka, strangled him, broke his spectacles and gadgets.

Court heard that the incident occurred during the NRM party conference presided over by the party's secretary general Justine Kasule Lumumba. 

Byaruhanga noted that Police poorly investigated the case. He said the medical report by Dr Francis Ssenyonjo presented by the prosecution against Mulindwa was not genuine.

"The medical officer's report which should have been the strength of the prosecution did not reflect assault, it does not show any the side of Bindhe where the injury was inflicted," he said.

He said prosecution failed to present valid exhibits of the broken spectacles of Bindhe before court.

"Why did it take one and half years for the prosecution to bring pictures of the broken glasses in court when the complainant had the opportunity to immediately handover the pair of the damaged exhibits at Police," he said.

He also noted that prosecution presented a witness identified as Andrew Tebusweke who could hardly describe the location of Garden Courts Hotel where the alleged incident took place.

He said that it was strange that the incident was not reported in the media with photographs and video footage when 12 journalists were at the venue.

"The scuffle would have been covered in the media especially when it involved a big authority of the NRM party strangling journalists, it's strange," he said.

He said that the prosecution witness working at the hotel Agnes Namugenyi could not tell whether Bindhe was wearing glasses. He said that Namugenyi told court that she witnessed an exchange of words between Bindhe and Mulindwa. 

He said that the witness could not tell whether the scuffle took place.

Court heard that Mulindwa was called to intervene when Bindhe allegedly turned down a request by the organizers to register as journalist at the front desk as required.

Mulindwa denied assaulting Bindhe saying he only held his identity card strip to find out the media house he was working for.

Bindhe said that he had gone to the venue to book for a media workshop on behalf of HRNJ. He said he was not interested in covering the NRM event.

"I have been practicing as journalist and editor for over 10 years, I could not bend so low to beat up journalists when my role was to have the function publicized," Mulindwa said in his defense.

He said he is attached to FUFA and CAF where he manages the media related assignments.
Mulindwa said he is going to file civil suit against Bindhe saying his image was tainted.  

"This judgement is a victory for me and the media fraternity, we must be exemplary. It was extremely dangerous for Bindhe to frame me for selfish gains. I did not want to settle out of court for the truth to come out openly," he said.

However, the HRNJ national coordinator, Robert Ssempala, advised Mulindwa to drop the idea of filing a civil suit against Bindhe.

"Mulindwa has won, opening up another civil battle against Bindhe should be discouraged for mutual benefits, we shall stick with Bindhe even when the civil suit happens," he said.