Kabale. Kabale Chief Magistrate’s court has dismissed an application in which former FDC party president Kizza Besigye, Kampala Lord Mayor Erias Lukwago and Rukungiri Municipality MP Roland Kaginda are seeking the dismissal of a case in which they are accused of inciting violence and causing malicious damage.
Through their lawyer Wilfred Murumba, the defendants claim the charge sheet was defective.
Dismissing the application last Friday, Ms Mary Babirye, the chief magistrate, said the charge sheet is not defective because it spells out the offence that was committed, the particulars of the offence and the accused persons.
“Any errors in this charge sheet will not affect the merit of the case or cause miscarriage of justice. The application is hereby over ruled and the case should continue being heard on its merits,” Ms Babirye said.
Dr Besigye is jointly accused with Mr Lukwago, Mr Kaginda, Kawempe Division mayor Mubarak Munyagwa, FDC women league chairperson Ingrid Turinawe and DP vice president for Western region Imam Makumbi.
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.
The case was adjourned to March 9, 2015 for further hearing.
State witnesses continue to give evidence. Kabale Resident State Attorney Batson Baguma has lined up four witnesses including the Officer in Charge of Criminal Investigations at Kabale Police Station, Mr Gumisiriza Karinkiza, and the chairman Central cell in Kabale Town where the rally was held Mr Ahamed Zaribu.
SOURCE: Daily Monitor