My Criminal law litigation lecturer would say Parve leves capiunt animos – Small things effect light minds whenever one of us got diverted by trivial things.
Reading these two letters made me feel sympathy for Mabirizi! It shows that he is a novice and needs guidance and mentorship.
Mabirizi seems to have not read certain parts of the law. He seems to have shot himself in the foot here. He took a lot of slack from people power and now the state is taking his case! It would be foolhardy for him now to expect to gain any further media attention.
The Director of Public Prosecutions (DPP) has power under section 6(2) POA 1985 to take over private prosecutions; in some cases, the private prosecutor must seek the consent of the Attorney General or of the DPP before the commencement of proceedings.
Mabirizi quotes section 128 of the constitution which deals with Independence of the judiciary which I have quoted verbatim
“(1) In the exercise of judicial power, the courts shall be independent and shall not be subject to the control or direction of any person or authority.
(2) No person or authority shall interfere with the courts or judicial officers in the exercise o f their judicial functions”.
The above sections can be discounted as they are not applicable. Genuine private prosecutors would be over the moon when the state takes over their case.This letter of objection shows that he just wanted the media attention and not the joy of litigation. Mabirizi knows what will happen when the case is taken over by the state and that is why is trying to grasp on the straws.
We all have a right to act stupid sometime, but Mabirizi seems to be misusing it.
Mabirizi Male stop embarrassing yourself, and wasting time….go back to LDC. I will pay for your first semester.
The writer Studied Legal Practice Course LPC with LLM in Law at University of Westminster
Do you have a story in your community or an opinion to share with us: Email us at editorial@watchdoguganda.com
