By KT Reporter
The Buganda Road Chief Magistrates Court has issued a production warrant directing the Uganda Prisons Services to produce Retired Col Dr Kizza Besigye before it continues with the trial in which he is accused of inciting violence.
The production warrant was issued on Thursday by the Court presided over by Senior Principal Grade One Magistrate Winnie Nankya Jatiko following a request by the Prosecution.
State Attorney Allan Mucunguzi asked for a production warrant after Besigye failed to show up in the case in which he is jointly charged with fellow opposition politician Samuel Lubega Mukaaku.
The court first heard from lawyer Abubaker Ssekanjako who was holding brief for Erias Lukwago.
Ssekanjako informed the Court that Mukaaku was present in Court however, Besigye who is the prime suspect in this case is currently on remand following his abduction in Nairobi and subsequent arraignment before the General Court Martial.
He said that was the justification for Besigye’s absence. In response, however, Mucunguzi said that Ssekanjako had not told them which prison facility Besigye was remanded to, such that they could easily apply for his production.
The Prosecution had also come with witnesses ready to testify against Besigye and the Police Officer who was at the scene of the crime officer Detective Stephen Oryema stood in the witness dock.
Consequently, a production warrant was issued for January 9th 2025.
Besigye was arrested from Nairobi Last month together with Hajji Obeid Lutaale and arraigned before the General Court Martial in Makindye on charges of unlawful possession of ammunition and firearm as well as offences related to Treachery. He was accordingly remanded until December 9th 2024.
However, Besigye had other charges of inciting violence pending at Buganda Road Court for which he has been out bail for two years without trial being concluded.
Before his travel to Kenya, just a day before his arrest, he had appeared before the trial Magistrate for a ruling in which his lawyers objected to tendering of the report /evidence by the Scene of Crime Officer. This was on grounds that the report hadn’t been disclosed to them and therefore was smuggled onto the list of evidence the prosecutors wanted to rely on to prosecute Besigye and Mukaaku.
The ruling however wasn’t in their favour after they were told that they would get an opportunity to cross-examine the witness so as to get the truth.
The matter was accordingly coming up for cross Examination of the Scene of Crime Officer. Besigye’s Lawyer Ssekanjako said that these charges against Besigye are flimsy charges intended to frustrate change seekers in the country.
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.
According to the report by the Scene of Crime Officer Oryema, on June 14th 2022 at about 13:00 information was received from the OC operation CPS Kampala ASP 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 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 ASP Godwin Agaba reached a motor vehicle reg no Number UAK 773F to search, and this vehicle had two occupants Lubega at the co-driver’s seat and Rtd Col Dr Kiiza Besigye at 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 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-URN. Give us feedback on this story through our email: kamwokyatimes@gmail.com
