Until today, July 12, 2024, former Lubaga D-RCC Herbert Anderson Burora’s defence team did not officially know what particular posts on microblogging site X, formerly Twitter, had landed the suspended deputy Resident City Commissioner in trouble.
On July 03, Burora was charged with two counts: hate speech contrary to section 26(1) (a)(c) and (2) of the Computer Misuse Act Cap 96; and malicious information contrary to section 28 (1) and (2) of the Computer Misuse Act Cap 96.
Then prosecution had simply claimed that the charges related to information that Anderson Burora allegedly shared on his X account against Speaker Anita Among over a period of time.
While Burora pleaded not guilty to the charges and was remanded to Luzira Prison, his lawyers raised a preliminary point of law seeking to strike out the charge sheet “for being incurably defective.”
For this objection, Chief State Attorneys Joan Keko and Richard Birivumbuka as well as Senior State Attorney Ivan Evans Kyazze represented the state. The defence team included David Kamukama as lead counsel, Benjamin Katana, Phillip Munaabi, Samuel Wamala, Kato Tumusiime, Sayid Kirarira, Daniel Wambi and Kenneth Muhereza.
On July 12, 2024, Buganda Road Chief Magistrate Ronald Kayizi ruled that “the charge sheet was prepared in accordance with Sections 85 and 88 of the MCA [Magistrates Court Act Cap 19] and therefore not defective.”
Kayizi added: “However, to satisfy the defense, let the state amend the charge sheet and add words which constitute hate speech in Count 1 and those which constitute malicious information in Count II. It should however avoid adducing evidence in the charge sheet This is to avoid unnecessary applications which may delay the trial. For the above reasons, the objection raised by the defence on the legality of the charge sheet is hereby overruled with no order as to costs.”
State prosecution later amended the charge sheet to include eight counts and to include the labels that Burora reportedly assigned Speaker Anita Among.
In the new charges read by Keko, Burora is accused of referring to Speaker Anita Among as “murderer,” “kidnapper,” “torturer,” and as being “corrupt,” labels the state prosecutors will have the task of proving constituted hate speech and malicious information during the trial of the former deputy RCC.
With the prosecution telling court that investigations were yet to be concluded, Kayizi remanded Burora for another week until July 19 when he will return for his bail application hearing.
As he delivered his ruling on the legality of the charge sheet, the presiding chief magistrate faulted the defence team for not prioritizing the bail application over the preliminary objection on the charge sheet.
“… I find the defence approach or strategy in this case to have contributed greatly to the seemingly long incarceration of the accused person Burora Anderson without a bail application being made before this Court.
“I hold a view that the first priority of the defence legal team would have been to apply for bail for their client abs then object to the legality of the charge sheet after their client was admitted on bail. Once the accused pleaded to the charges, objecting to the legality of the charge sheet would have come after the bail application…
“The accused has been on remand for now nine days but has never applied for bail before this Court. Nine days have been lost on legalities! Court cannot admit individuals on bail if they have not applied for it save if it is mandatory bail under the constitution. This Court cannot therefore be blamed for the continued incarceration of the accused Burora Anderson who has never applied bail before it.”
Burora’s defence, which was led by Counsel Kamukama and included Uganda Law Society (ULS) president Benard Oundo, had sureties for the former RCC’s bail. They were: Annet Kobusingye; Burora’s wife Georgina (who had a letter from the LC office, her national ID copy and their marriage certificate; his cousin businessman Yasin Katwire of Success Motors; and Burora’s friend Isaac Balunda who manages operations at Success Motors.
Prosecution asked for time to verify the documents presented by the sureties. Kayizi granted Birivumbuka and his team a week to do that so that court can make its ruling on the bail application on July 19.
Burora’s troubles began following his criticism of the way Speaker Anita Among was running the institution of Parliament of Uganda, especially in light of allegations of grand corruption, abuse of office and diversion of funds at the legislative arm of government.
The speaker would meet the head of state over the matter. After a meeting between Speaker Anita Among and President Museveni, it emerged that the presidency had suspended Anderson Burora as deputy RCC and ordered him to apologize to the speaker for joining those accusing her of corruption in the online protest, Uganda Parliament Exhibition.
Anderson Burora made it clear that he would never apologize to Speaker Anita Among, not even on his grave. Burora also accused Speaker Anita Among of holding Museveni to ransom. (See Details Here and There).
In light of the troubles of Burora, who previously defended Museveni’s government, opposition leader Bobi Wine has advised ‘regime apologists’ to ‘leave Museveni’s sinking boat.’ (See Details Here).
In April 2024, Anderson Burora said his life was in danger, and that if he dies nobody should believe that it was an accident or a heart attack. (Read Story Here).
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You killed Ulanyaha Jacob PM Omoro now the truth is coming that you murderer. With the blood stain in you hands you will never have peace together with your offsprings.