Court awards journalist sh268m over assault

JUSTICE |

Court has awarded former WBS TV journalist Andrew Lwanga sh268m in damages, for the injuries he sustained when former Old Kampala police commander Joram Mwesigye assaulted him.

On January 12, 2015, SP Mwesigye assaulted Lwanga along Namirembe road in Kampala when he and other journalists were covering a demonstration by the unemployed youths.

The group under the National Association of the Unemployed had decided to walk to Naguru Police headquarters to petition the then Inspector General of Police (IGP) Kale Kayihura over what they termed as "unlawful arrests and harassment by police."

Yesterday, Justice Lydia Mugambe ordered the Government to pay the journalist money for the inconvenience, pain and suffering caused to him. The money also covers medical and food expenses Lwanga incurred during treatment.

The money will attract an interest of 15% per annum from the date of judgment until payment in full. Lwanga was also awarded costs of the suit.

The Judge also directed the Inspector General of Police, Martin Okoth Ochola, to conduct an investigation into the conduct of Mwesigye and punish him and other officers involved accordingly, if found guilty of wrongdoing.

"It is not in dispute that Lwanga was injured by Mwesigye in the incidents on the fateful day," Mugambe said.

The judge said the conduct exhibited by Mwesigye is not the proper conduct of a police officer. However, Mugambe said she cannot say that his conduct, in this case, was a frolic of his own to absolve the police of responsibility.

Justice Mugambe noted that Mwesigye in the company of other police officers arrived at the scene to quell riots within Kampala city, but committed illegal actions.

She said the police officers contravened Article 24 of the Constitution when they subjected Lwanga to inhuman and degrading treatment.

"These fundamental rights form the core of the democracy that Uganda holds itself to be," she observed.

Background

On January 12, 2015, Lwanga together with other journalists covered a press conference by officials of national association of the unemployed (NAU) at the Jeema offices in Namirembe parish, Lubaga division, Kampala district.

After the press conference, according to court documents, members and officials of NAU proceeded to peacefully match towards the office of the Inspectorate of Police in Kampala central, which was covered by journalists including Lwanga.

However, when they got to the Namirembe road/Bakuli junction, four police officers under the command of SP Mwesigye arrived at the scene in a vehicle Mark II No. UAT 150L and began pursuing them. They took refuge in the nearby premises including a guesthouse.

The documents further indicate that the journalists including Lwanga identified themselves to Mwesigye. However, without any lawful reason, Mwesigye struck Lwanga many times using a shepherd's cane, on the chest, neck and other delicate body parts, causing injury to him. Mwesigye also damaged Lwanga's camera beyond use.

Lwanga later lost consciousness for some minutes because of the injuries sustained. He was thereafter roughly dragged and forced into the private car and taken to Old Kampala police station.

At the station, Lwanga was dumped in a police cell until ACP James Ruhweza, after noticing his deteriorating condition, instructed and ensured that Lwanga is taken to Mulago hospital.

Magistrates' Court judgment

In March 2017, the Chief Magistrates Court at Buganda Road found Mwesigye guilty of assaulting Lwanga and fined him sh6m.

Grade One Magistrate Gladys Kamasanyu, however, acquitted Mwesigye of charges of malicious damage to property. Lwanga had accused Mwesigye of damaging his camera whereas Joseph Ssetimba of Bukedde TV accused him of tearing his trouser.

The court ruled that there was no proof of ownership of the said items, like receipts, showing they purchased the items.