The Entebbe Senior Magistrate Grade one, Edgar Tibayeita Tusiime has convicted Shoe Hawker and National Unity Platform (NUP) member Mr Juma Musuuza alias Madubarah on six counts, three counts for hate speech and three counts of malicious information against President Yoweri Museveni, Speaker Anita Among and First son Gen Muhoozi Kainerugaba.
Court heard that in October last year, Musuuza, while in Wakiso district or thereabout using tik tok account Madubarah UG through a computer sent or shared information which is likely to ridicule, degrade or demean Yoweri Kaguta Museveni.
“If Museveni hands over power to his drunkard son, the country will be destroyed within two days, let Ugandans pray for our country and ourselves” he said.
Court heard that in the same month, Musuuza shared information saying, “If Muhoozi takes over power from his farther, the country will be destroyed within two days according to how he drinks and whoever talks, we shall kill or arrest you relating to Muhoozi kainerugaba, the first son”.
Court further heard that Musuuza said, “Using tax payer’s money to build a mansion which is better than statehouse and buying bleaching jelly (chemicals) relating to Anita Among, the speaker of parliament”.
While convicting Musuuza, Mr Tibayeita said the court reached it’s conviction in the case that has taken close to a year after adducing evidence presented by the prosecution including three witnesses.
The witnesses included Fred Tumusiime a liaison officer between the Special Forces Command (SFC) and Police, Detective Corporal Congo Richard and SP Henry Kenneth Angura.
Mr Tibayeita said Tumusiime Fred told court that upon seeing the said videos posted on a Tik Tok account Madubarah UG, he (Tumusiime) perceived the words were meant to ridicule the president, first son and speaker Anitah Among and it’s for that reason that he opened up a case against Madubarah who was tracked and arrested by the police.
Mr Tibayeita said the defence team opted not to give any evidence before the court during the trial and questioned the jurisdiction of the court hearing the case asking for the case to be dismissed by the courts which the court overruled.
However Mr Tibayeita noted that the evidence presented by the state before the courts throughout the trial was enough to find Musuuza guilty on all the six counts.
While giving submissions, state attorney Paul Ahebwa asked court for the maximum sentence of seven years imprisonment or 750 currency points (Shs 15 million).
“This case is not an isolated incidence, rather part of a growing and rampant trend in which a breed of social media users continue to incite hatred through malicious publications about others in the pretext of exercising their rights to freedom of expression under the constitution.
However the lead defence lawyer Mr. Jonathan Elotu asked court for a lenient sentence.
“The convict is a family man, he is the sole breadwinner for his family, this is the convict’s first offence and he has spent close to 10 months on remand, he is a reformed man and pray you give the convict a lenient sentence” he said.
When given chance to speak Madubarah told court that he was beaten by security personnel to the point of losing a front tooth in order to force him to give them the password to his phone.
His worship Tibayeita said the court shall consider the submission of both the state and defence and pass judgement on Friday.
