Striking the Balance: Court’s Verdict on Journalists’ Access to Kitutu Case

Kitutu

Sandra Ainebyoona.

Mary Goretti Kitutu, the Minister in Charge of Karamoja Affairs reappeared at the Anti-Corruption Court in Kampala, for the ruling on the question of whether journalists should be granted unrestricted access to report on the trial and utilize cameras during courtroom proceedings.

Presiding over the case, Justice Jane Okuo Kajuga recognized the utmost importance of ensuring a fair trial. She emphasized the need to create an environment that fosters truth-seeking while also providing the public access to court proceedings. Striking this delicate balance became the crux of the court’s ruling.

The defense counsel representing Mary Kitutu contended that journalists should have limited reporting privileges, citing concerns over potential image distortion and misrepresentation of the trial. However, Justice Okuo dismissed these concerns, highlighting that an image remains an image, and no evidence was presented to support claims of distortion.

Another point raised by the defense was the apprehension surrounding live telecasts of witnesses, prosecution, and the court team. The defense feared that such broadcasts might lead to undue pressure and prejudice the truth-finding process. Acknowledging this concern, Justice Okuo agreed that live telecasts could have a prejudicial impact on the case.

Justice Okuo acknowledged the right to access information in court while underscoring the importance of imposing appropriate limitations to uphold the accused’s right to a fair trial. The ruling stressed the necessity for all reporting to remain factual and unbiased, without favoring either the prosecution or the defense. Justice Okuo firmly reminded the media that the accused individuals are presumed innocent until proven guilty, and any reporting insinuating otherwise would undermine their rights.

Regarding the use of audio recordings, Justice Okuo allowed their deployment once they were screened for safety and security. This decision aimed to promote transparency and provide the public with a comprehensive understanding of the trial proceedings.

However, the court refrained from permitting live broadcasts of videos and images of the trial and its participants. The primary reason behind this ruling was to prevent any potential disruptions that such broadcasts might cause to the trial process. Safeguarding the trial’s integrity and preserving an environment conducive to establishing the truth remained the focal point of Justice Okuo’s decision.

Background

Kitutu faces charges of loss of public property, corruption, receiving stolen property, and conspiracy to defraud. The charges are in respect of the alleged loss of public property in form of 14,500 iron sheets. Kitutu is accused of diverting the iron sheets from the intended purpose of benefiting the Karamoja community empowerment programme to her own benefit, well knowing that such acts would result into loss of public property.

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