The Incitement to Violence case against opposition leader Dr. Kizza Besigye and activist Samuel Lubega Mukaaku has his a snag after the prosecution unexpectedly abandoned its previously presented evidence and introduced a new witness and state attorney, a move that the defense strongly objects to.
According to the accused’s lawyer, Erias Lukwago, the state’s actions appear to be a deliberate attempt to delay the trial and deny the defendants their constitutional rights to a fair hearing and speedy trial. The new senior state attorney, Allan Mucunguzi, reportedly intends to restart the case from scratch, claiming that the evidence presented by his predecessor, Ivan Kyazze, was insufficient.
During Friday’s proceedings before Buganda Road Court Grade One Magistrate Winnie Nankya, Lukwago raised objections to these developments, questioning the rationale behind the sudden substitution of the state attorney and the introduction of new evidence. He argued that if the prosecution believed it had a strong case with solid evidence, there would be no need for such drastic measures.
Lukwago further challenges the credibility of Detective Sergeant Oryema Steven, a crime scene officer who claims to have inspected the vehicle occupied by Besigye and Mukaaku at the time of their arrest. The defense contends that the state is resorting to fabricated evidence to bolster a weak case, a move that they argue is unconstitutional under Article 28 of the Constitution, which mandates the state to disclose all intended evidence to the defense prior to trial.
“They have now come up with a new report and introduced the pictures of my clients in that report purportedly showing them committing the said offense,” Lukwago stated.
One of the key points of contention is the alleged report by Oryema, which the defense claims to be inconsistent. The officer testified that he prepared the report on June 15, 2022, the day of the alleged offense, but the document itself bears a date of October 31, 2022.
The court has scheduled a hearing on November 15, 2024, to deliver its ruling on these matters.
