Edgar Watson Howe once wrote : “Some men are alive simply because it is against the law to kill them.”
I know many in the people power movement would want to associate this quote to a one Mabirizi Male.
I however,wouldn’t go down such a route, even for people who chose to soil themselves at every opportunity like Mabirizi. It would be against my moral campus and the time spent studying the Law.
I have read through his affidavit and have found it wanting Corpus delicti.
All these counts can be put aside by presenting an affidavit sworn by Kyagulanyi clearing these discrepancies prior to presenting his papers.
This case is not unique where one has academic credentials with different names. Take an example of people who change names on marriage or divorce.It’s a simple matter of a sworn affidavit and it’s settled.
The issue of date of birth would be the serious if we had a clear recording system. In Uganda most people have no concrete proof of when they were born including M7. Most people go by what their parents told them or days they were baptised. Only a few who were unlucky to be born in hospitals with records can fail to enjoy changing their date of birth at will. I put it to Mabirizi and the rest of you to present documentary proof of your DOB beyond what your parents told you.
His choice of evidence is lamentable as this doesn’t bring him anywhere close to the test needed in a criminal case.
Mabirizi has to prove “Beyond reasonable doubt” that Kyagulanyi gave false information . This is a very high standard of proof: essentially the court has to be convinced that there is “no doubt” that these claims are true.
He has to prove the Actus reus and mens rea ,that is these acts of giving false information were actually done and done with malice afore thought.
None of his pleas or documents that have been availed to him can in my opinion reach that standard. That’s why most of his work is spent on drumming up media attention.
No wonder no lawyer worth any salt is showing any interest in this trivial case.
This is a case brought up to embarrass Kyagulanyi and for Mabirizi to gain some mileage. I await to see him in court and would wish to see a counter civil suit against him to claim substantial damages.
This case is Null Ab initio and Mabirizi knows it. Mabirizi has become a public nuisance. He should stop wasting time on such cases and instead go to LDC to horn his skill.
The writer Studied Legal Practice Course LPC with LLM in Law at University of Westminster
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