Judge opts out of Besigye defamation case

In the case, Lt Col Ndahura Atwooki Birakurataki, the head of police Directorate of Crime Intelligence, alleges that Dr Besigye defamed him in 2012, when he accused him of having murdered Mr Johnson Baronda in Rukungiri District during the 2011 general elections, and was rewarded with a promotion.

Reason
On January 7, 2016, Lt Col Ndahura wrote asking Justice Musote to step down from the case on grounds that he was biased. Col Ndahura, in his letter that was also copied to the Principal Judge Yorokamu Bamwine, complains that the case has taken over three years without a hearing.

“After extensive consultation with various legal authorities following your decision to adjourn the case to March 3, I do humbly pray that the hearing be brought forward. Col Besigye aims at defeating justice by running for immunity against any court proceedings,” Col Nduhura wrote in reference to Dr Besigye’s running for president in the just concluded general elections.

Yesterday, when the matter came up for hearing at the High Court, the Judge stated: “I am aware of the letter and cannot insist on hearing the case where one party is not comfortable with me. I therefore return the file back to the registrar for re-allocation.”
Col Ndahura, in his October 2012 suit, accuses Dr Besigye of giving an interview to The Observer newspaper, accusing him of having murdered Baronda in Rukungiri District during the 2011 general election. Col Ndahura wanted court to issue a permanent injunction restraining Dr Besigye from publishing any defamatory statements against him. He also sued the newspaper and its editor.

Dr Besigye allegedly said that Lt Col Ndahura, who was the commander of the then Presidential Protection Unit (PPU), was behind the killing of Baronda and that after that incident, the army promoted him to the rank of Lieutenant Colonel.

Of public Interest
In his defence, Dr Besigye claims the interview published in The Observer was in public interest and that it was not intended to ridicule or defame Lt Col Ndahura as he has continued to allege.
The case was recently before Justice Bamwine for mediation but the talks never yielded anything.