Besigye Case: Court okays evidence of scene of crime officer

Kampala, Uganda | THE INDEPENDENT | The Buganda Road Chief Magistrates Court has allowed the evidence of the Scene of Crime Officer Corporal Stephen Oryema in the case in which opposition politicians  Dr Kizza Besigye and Samuel Lubega Mukaaku are accused of inciting violence.

On Friday, the Court presided over by the Senior Principal Grade One Magistrate Winnie Nankya Jatiko permitted the witness to tender his report regarding his findings at Shauriyako where the accused reportedly committed the crime.

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.

However, Besigye and Mukaaku’s lawyers led by Erias Lukwago had in the previous session objected to the evidence of the witness on the basis that he was smuggled onto the list of the witnesses and therefore his evidence was concocted as an afterthought.

Lukwago had told the Court that for the last two years when the crime was reportedly committed,  the Prosecutors did not list the Scene of Crime Officer among the witnesses they would rely on. He said that they also didn’t share with them his details and the statements recorded by police which infringed on the right to fair hearing for the accused persons.

It’s against this background that the Magistrate Nankya has allowed Oryema to proceed arguing that the lawyers will get an opportunity to cross-examine him and the truth will come out properly.

Nankya said that the testimony of the Scene of Crime Officer was important as it would help in testing the veracity of the case.   Following this ruling, Lukwago said he was not ready to proceed today.

In the interest of Justice, Lukwago sought an adjournment to study the decision and prepare for the next session.

Lukwago condemned what he called trial by ambush adding that the Magistrate has not addressed the issues of infringement of fair hearing as argued and presented before her.

Besigye said that it is wrong for the State not to furnish him with what they intended to rely on for over two years is gross injustice and he is challenging the system of political injustice in the whole country not only in the courts of law.

In the contested report, the Scene of Crime Officer Oryema stated that on June  14th 2022 at about 13:00, information was received from the Officer in charge of Operation CPS  Kampala David Nahamya that there was an alleged case of incitement of violence at Namirembe Road by Dr Besigye and Lubega who were in the motor vehicle registration number UAK 773F Prado TX white in colour.

A team of police officers that included detectives, forensic officers, a field force unit and the territorial police headed by ASP David Nahamya were dispatched to the scene.

The report shows that the crime scene of alleged incitement of violence was in between the Total Business Centre building and the Qualicel building along Namirembe Road central division in the Kampala district.

The report also shows that the team further noticed that the two occupants were Lubega and Besigye who were seen standing through the open roof of the said motor vehicle addressing the crowd using a white megaphone one at a time.

The team noticed that the commander ASP Nahamya talked to them to stop what they were doing but they ignored them and instead locked themselves in the vehicle there was no one in the driver’s seat, and this prompted him to order motor vehicle Registration Number UAK 773F with its occupants to be towed to Cps Kampala parking yard.

According to the report, a team headed by OC CID CPS Kampala Godwin Agaba reached the vehicle to search, and the vehicle had two occupants Lubega in the co-driver’s seat and Rtd Col Dr Kiiza Besigye in the behind seat of the co-driver’s side.

In October 2022, the  Magistrate  Asuman Muhumuza who was the first trial Magistrate ordered the State to return Besigye’s vehicle which had been impounded.  The vehicle to date has never been returned.

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.

The case was adjourned to December 5th.

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