KAMPALA, Uganda | The President of the Uganda Law Society (ULS), Isaac Kimaze Ssemakadde, has petitioned Buganda Road Chief Magistrate’s Court to dismiss criminal charges brought against him in a private prosecution. The case, filed by lawyers Byamazima Joshua and Tonny Tumukunde, accuses Ssemakadde of insulting the modesty of Jane Frances Abodo, Uganda’s Director of Public Prosecutions (DPP).
The private prosecution stems from remarks allegedly made by Ssemakadde during a public symposium in Kampala on November 18, 2024. At the event, Ssemakadde reportedly referred to Abodo in a language deemed indecent and intrusive, a claim supported by a video recording submitted as evidence by the complainants. The complainants argue that his words violated laws protecting women from verbal assaults on their dignity and privacy, prompting them to seek legal redress through private prosecution.
In his application to dismiss the charges, Ssemakadde argues that the case is fundamentally flawed. His legal team contends that the complainants failed to engage Abodo for a victim impact statement, which they assert is a procedural requirement under Uganda’s Magistrates Courts Act. Without the alleged victim’s testimony or formal involvement, Ssemakadde’s defense team claims the court cannot proceed with the private prosecution.
The defense further describes the charges as frivolous, vexatious, and an abuse of court process. According to Ssemakadde’s affidavit, the complaint relies on hearsay and fails to establish a prima facie case. His legal team also highlights inconsistencies in the complainants’ filings, challenging the narrative that Abodo’s modesty or dignity were genuinely harmed.
On the other hand, the complainants maintain that the evidence, including the video recording and its transcription by the Uganda Broadcasting Corporation (UBC), establishes a clear prima facie case. They argue that the video, which captured Ssemakadde’s remarks in full, demonstrates an intentional effort to insult Abodo and infringe upon her privacy. The complainants have also submitted a supporting letter from the local council to corroborate the location of the alleged offense.
The court is expected to determine whether the charges against Ssemakadde should proceed or be dismissed. Central to this decision will be whether the absence of direct testimony from Abodo invalidates the complaint and whether the evidence provided is sufficient to sustain the charges.
The court is scheduled to hear the application for dismissal on December 4, 2024, before His Worship Ronald Kayizzi, Chief Magistrate. The decision will determine whether the charges proceed or are dismissed at this preliminary stage.
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