Former Forum for Democratic Change (FDC) president, Dr Kizza Besigye has been charged with inciting violence before the Kabale Magistrate’s court.
However, Dr Besigye who on Monday arrived at Court at around 9:00 am in the company of Kampala Lord mayor Erias Lukwago, leader for FDC women league Ingrid Turinawe, Kawempe Division Mayor Mubarak Munyagwa and the Rukungiri Municipality MP Roland Mugume Kaginda (his co-accused) denied the charges and was granted a noncash bail of Shs5 million.
Prosecution claims that Dr Besigye and his co-accused committed the offence on July 14, 2012 while speaking at a rally in Kabale Municipal Stadium. The rally was dispersed by police after engaging in running battles with residents after stopping Opposition supporters from marching through Kabale Town in support of their leaders.
According to the first prosecution witness, Dr Besigye and his co-accused persons told the people at the rally to disobey police orders, prompting the public to start pelting stones at the police.
“The accused persons directed the people at the rally to disobey police orders to disperse from the stadium. And the public started throwing stones at the police which resulted into injuries of some of the officers and the civilians,” Kabale district OCCID, Mr Gumisiriza Karinkiza told court on Monday.
However, in his application, Dr Besigye’s lawyer Mr Wilfred Mulumba asked court to dismiss the case and set the accused people free on claims that the charge sheet is defective.
Mr Mulumba told court presided over by the Kabale Chief magistrate Ms Mary Babirye that the charge sheet on which Dr Besigye, Mr Lukwago, Ms Turinawe, Mr Munyagwa and Mr Mugume’s names appear does not indicate the statements made by each of the accused persons amounting to inciting violence as claimed by the state.
“The charge sheet does not also indicate which people were injured in the process as the state claims. I therefore ask court to dismiss the case and set the accused people free on those grounds,” said Mr Mulumba.
However, the magistrate said she will need more time to consult her law books to be able make a ruling on the application. She adjourned the case to December 5, 2014 when she will make a ruling on whether to dismiss the case and set the suspects free or continue with the trial.
SOURCE: Daily Monitor