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BESIGYE CASE: Court asked to reject testimony of scene of crime officers

Accused Persons Samuel Lubega Mukaaku (Left) and Dr Kizza Besigye (Right) at Buganda Road Court. PHOTO URN

Kampala, Uganda | THE INDEPENDENT | Lawyers of opposition politicians Dr Kizza Besigye and Samuel Lubega Mukaku have asked Buganda Road Chief Magistrates Court to reject the evidence and testimony by the Scene of Crime Officers who have testified in the case in which they are accused of inciting violence.

The Scene of Crime Officer Sergeant Steven Oryema who is said to have inspected the vehicle occupied by Besigye and Mukaku at the time of their arrest testified that he found placards inside the vehicle reading “Time Up, Time Out” and “Stop Stupid Birthdays.”

He said, he also recovered a white megaphone, allegedly used to call for protests against the skyrocketing prices of different products. This was court before Grade One Magistrate Winnie Nankya Jatiko.

The defence led by Kampala Lord Mayor Erias Lukwago raised objections to Oryema’s evidence, arguing that it had not been disclosed earlier.

They stated that Oryema was not listed among the 11 witnesses on record and accused the prosecution of ambushing them with this testimony.

They are seeking to have his evidence struck out from the court record on the basis that it amounts to an abuse of the court process.

Speaking to the media immediately after court, a visibly frustrated Dr Besigye accused the state of using the legal system to suppress political dissent and to continue persecuting him.

He emphasized that the protests were in response to the high cost of living faced by Ugandans, and not an attempt to incite violence. “Our message was simple: we need to address the economic hardship that is affecting millions in this country. Instead of listening to our concerns, they chose to imprison us,” he added.

The next court hearing is scheduled for October 25, 2024, where the court is expected to rule on the admissibility of the contested evidence and continue cross-examining witnesses.

Trouble for Besigye and Mukaaku stems from their June 14th, 2022 protest against the skyrocketing prices of commodities in the country.

The prosecution accuses them of staging an assembly at Kikuubo Shauriyako Parish in Kampala Central Division where they allegedly made statements indicating that it would be desirable to demonstrate, which was an act calculated to cause damage and destruction of property.

So far prosecution witnesses who have testified in this case mainly Police Officers such as David Nahamya the head of Operations at Kampala Central Police Station among others say Besigye and Mukaaku’s actions caused commotion downtown and business went to a standstill.

In October 2022, Magistrate Muhumuza ordered the State to return Besigye’s vehicle which had been impounded.   The vehicle is yet to be released to Besigye.

In June 2023, the same court presided over by Grade One Magistrate Siena Owomugisha dismissed similar charges against Besigye for want of Prosecution and set him free.

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