Uganda v Sserwadda & 6 Others (Miscellaneous Cause 14 of 2022)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The court granted witness protection orders permitting redacted disclosure for fifteen witnesses and summary disclosure for two co-accused witnesses, with full disclosure to be made not later than fifteen days before trial commencement. The court held that the right to disclosure is not absolute and may be limited where there is an objectively justifiable risk to witness safety, provided the restrictions do not prejudice the accused's right to a fair trial.
Outcome
Witness protection orders granted with conditions for delayed full disclosure before trial
Facts
The respondents were jointly indicted on charges of terrorism, aiding and abetting terrorism, murder, and attempted murder, and were remanded at Kitalya Government Prison. During pre-trial proceedings, the prosecution sought protection orders for seventeen witnesses, alleging security threats and intimidation against them. The witnesses were factual witnesses whose evidence implicated the accused persons. The threats were said to emanate from the accused persons and their accomplices still at large. Two of the accused (A5 and A6) were Members of Parliament with resources and influence. The witnesses were permanent residents of Masaka where the prevailing security situation was described as delicate. The prosecution argued that a considerable time would elapse between disclosure and trial, and no protection measures were in place for the witnesses.
Issues
- Whether the prosecution should be granted witness protection orders including non-disclosure, delayed disclosure, redacted disclosure, and summary disclosure of witness identities prior to trial commencement.
Orders
- Application allowed.
- Redacted disclosure of fifteen witnesses (PE3-PE17) granted.
- Summary disclosure of the evidence of two witnesses who are co-accused (PE1 and PE2) granted.
- Redacted and summary disclosure to be done by 7th October 2022.
- Full disclosure of the identities of the witnesses and evidence to be done not later than 15 days before commencement of the trial should the court confirm the charges.
Rules and key headnotes
Legislation cited (7)
Cases cited (2)
- Soon Yeon Kong Kim and Another v Attorney General (Constitutional Reference No. 6 of 2007)
- The Prosecutor v Bosco Ntaganda (ICC-01/04-02/06)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.