Walk to work: Anywar acquitted

SOURCE: THE DAILY MONITOR, 5 FEBRUARY 2013

http://www.monitor.co.ug/News/National/Walk-to-work--Anywar-acquitted/-/688334/1684754/-/io8226z/-/index.html

MP Beatrice Anywar leaves court in Entebbe after being acquitted yesterday. 

In Summary

Court says the State failed to adduce sufficient evidence to prove that the MP obstructed traffic.

Entebbe

Court in Entebbe yesterday acquitted Kitgum Woman MP Beatrice Anywar on two counts of obstructing traffic and assaulting a police woman during the 2011 walk-to-work protests.

Entebbe Grade 1 Magistrate Hellen Ajio cleared the MP because the state failed to adduce enough evidence and had conflicting testimonies. According to the charge sheet, Ms Awyar failed to comply with lawful orders on April 14, 2011 at Zana roundabout when two police stopped her from walking. She was accused of obstructing traffic and assaulting a police woman while executing her duty, which contravenes sections 238 of the Penal Code Act.

“In the first case of obstructing traffic, the state failed to prove beyond reasonable doubt that the accused committed the offence. In the charge sheet, they said Ms Anywar failed to comply with orders of Ms Asimwe, a police officer, to stop walking to work, yet witnesses said the orders were given by Ms Christine Namale,” Ms Ajio said while reading her ruling yesterday.

“In the second case, they added that Ms Anywar was walking with a group of about 60-70 people who have neither been produced in court, nor brought video evidence to prove their case.” She said because of the contradicting testimonies and failure to bring Ms Asimwe, who was key in this case, she found the case doubtful.

In assaulting Ms Namale, Ms Ajio said the three witnesses contradicted themselves as some said the offence was committed on April 14 2011, while Ms Namale testified that she was assaulted on February 14.

Ms Ajio added that Ms Namale went for a medical test two months after the incident happened, and that the state failed to bring the doctor who treated her to testify. Ms Ajio cleared Ms Anywar of the charges, but urged her to abide by the law. “I acquit you on both counts and you are her by set free. But be a good and obedient citizen,” Ms Ajio said.

Struggle continues
Ms Anywar could not hide her excitement, and said the struggle would continue. “The state uses the judiciary and other arms to prosecute opposition politicians, but it will not derail us from talking about things that affect Ugandans,” she said, adding that they will soon launch a campaign protesting the theft of funds from the Office of the Prime Minister.

In April 2011, tear gas and gunshots rocked Kampala and other towns as opposition leaders took to the streets to protest against the increasing fuel prices. Many opposition leaders were arrested, including FDC’s Kizza Begigye, but many have since been acquitted.