State lines up six more witnesses to pin Besigye

Kabale.

The State has said it has lined up six more witnesses to testify against leading Opposition leader, Dr Kizza Besigye, in a case where he is charged with inciting violence, injuring policemen and malicious damage to three police cars.

The Kabale senior resident State attorney, Mr Batson Baguma, made the submission yesterday when Dr Besigye and his co-accused appeared before Kabale Chief Magistrate’s Court.

Dr Besigye is charged along with Kampala Lord Mayor Erias Lukwago, FDC secretary for mobilisation Ingrid Turinawe, Rukungiri Municipality MP Roland Kaginda, Kawempe South MP Mubaraka Munyagwa and DP vice president for western region Imam Makumbi.

However, the Opposition politicians’ lawyers protested the prosecutor’s claim of bringing 10 witnesses, saying the last time the case was adjourned the State said it had only three witnesses.
“Today, I have four witnesses present in court ready to testify in this case and six shall be lined up later after serving their affidavits to the lawyers of the accused persons,” Mr Baguma said.
He was responding to the defence lawyer, Mr Julius Garisonga, who questioned why the State was increasing the number of witnesses than earlier declared.

However, the chief magistrate, Mr Samuel Moses Kagoda, over ruled Mr Garisonga saying it was in order as long the affidavits of the additional witnesses are served to the lawyers of the accused persons in time. The former Kabale police commander now the Kibale DPC, Mr Bosco Arop, yesterday testified as the third State witness since the start of the case in July 2012.

“Dr Besigye was the cause of the fracas that resulted in malicious damage of police property and injuring some policemen shortly after the FDC rally at Kabale Stadium in 2012,” Mr Arop said.

“He incited his supporters to defy the police orders on agreed roads for their procession. The FDC party supporters started throwing stones that injured some police men and destroyed windscreens of three police cars,” he added.

Mr Garisonga asked court to receive the self-recorded statement by Mr Arop as an exhibit because what he said in court was deferring from what he recorded in his statement almost four years ago.
Court accepted the lawyers’ plea to mark the DPC’s statement as “defence exhibit one”.

A police driver, Mr Michael Sitenda, also testified as the fourth state witness saying the incited crowd pelted stones on the police car UP 1325 that he was driving shuttering the right wind screen and injuring him on the head and the chest.

Mr Justus Muhangi, another lawyer for the accused persons, wondered why the State was selectively prosecuting his clients.
He said Dr Besigye was the first surety of Mr Mubarak Munyagwa before he was lined up on the same charge sheet. The case was adjourned until September 26 when the State is expected to bring all the remaining witnesses.

the background
It is alleged that Dr Besigye and the accused incited the public on July 14, 2012, at Kabale stadium. Four policemen were allegedly injured and four police cars pelted with stones during a melee that reportedly occurred after a political rally.