The High Court in Kampala has dismissed an application by two accused persons who had challenged a live media ban imposed by the lower court in the on-going high-profile criminal case involving Pastor Robert Kayanja.
Justice David Matovu upheld the order issued by the Mwanga 11 court grade one magistrate Byarugaba Adams on April 5 2024, banning media houses from audio and video recording of proceedings in a case where nine youths are on trial for defaming the lead pastor of Rubaga Miracle Cathedral church.
While the media respected the order throughout the hearing of the 13 prosecution witnesses, when the nine accused persons were ordered to defend themselves, two of them including Alex Wakamala and Jamilu Mwandha sought a revision of the order.
They argued that the order gagged the media and unfairly portrayed them to the public.
However, the prosecution, represented by Jonathan Muwaganya, argued that the order was necessary to protect the integrity of the trial , citing prior incidents of manipulated social media content.
“The applicants are interested in vulgarizing the proceedings,” Muwaganya submitted.
On Tuesday, Justice Matovu reasoned with the Muwangaya emphasizing that the trial magistrate had acted in good faith.
“Court cannot permit such a state of anarchy as it would prejudice the five witnesses who testified under the order,” Justice Matovu held .
The judge noted that the Wakamala and Mwadha delayed filing the application for nearly 10 months and faulted their lawyer for failing to review the full court record before filing.
“Had counsel perused the proceedings, he would have advised the applicants appropriately,” the judge observed.
The court concluded that live broadcasts were lawfully banned but verified journalists were still allowed to attend and publish written reports.
“The orders were necessary for effective case management,” Justice Matovu stated, dismissing the application and ordering the defence hearing to proceed under the current restrictions.
Further defence hearing is scheduled for Friday this week.