Kampala — Lawyers representing jailed Opposition leader Kizza Besigye yesterday grilled a police officer in the case in which the former Forum for Democratic Change (FDC) presidential candidate is accused of disobeying lawful orders before the Magistrate’s court at Kasangati.
Mr Brian Mark Omwito, 33, was the third witness in the hearing. He said he works with the police intelligence gathering unit and that on April 5, he captured on video the events between Kalerwe and Mulago round about in Kampala, during which prosecution alleges Dr Besigye disobeyed lawful orders from a police officer.
Prosecution alleges that Dr Besigye “willfully” disobeyed orders issued to him by Mr Daniel Bamuzibire, a senior superintendent of police, to take Yusuf Lule Road instead of driving towards Wandegeya from Mulago round about. Dr Besigye was going to FDC party headquarters in Najjanankumbi on Entebbe Road for the weekly prayers, which was a form of protest against the February general elections, which the party insists Dr Besigye, and not President Museveni, won.
A video clip was played in court and Mr Brian Omwito (BO), a police intelligence officer, was cross-examined about it by Dr Besigye’s lawyers – Mr Ernest Kalibbala and Mr Fredrick Mpanga, both of AF Mpanga Advocates. Below are excerpts of the cross examination.
At 8am on April 5th, my commander summoned me and said to me that they had allowed Col Besigye to go to their office (FDC offices at Najjanankumbi) to hold prayers. He told me Col Besigye was not supposed to move with a crowd of people and had to follow the route from Kalerwe, Kubbiri, Mulago round about, Yusuf Lule Road, Mukwano round about to Najjanankumbi. At 9.47am, while at Kalerwe, we saw Dr Besigye coming and proceeding to Najjanankumbi with a crowd of people. We went there to stop the people. He was standing on the roof of his vehicle, waving the V-sign. From Kalerwe, commander Bamuzibire directed him where to pass – Kubbiri, Mulago round about, Yusuf Lule road, Mukwano round about to Najjanankumbi. The people who were following him were blocked at Kalerwe.
When we reached Kubbiri, he (Beisgye) wanted to drive to Wandegeya instead of going to Mulago round about. He was blocked and he took the direction of Mulago round about. He then wanted to use the road going to Wandegeya from Mulago round about. He was ordered to drive through Yusuf Lule Road. He then gave his driver instructions to stop in the middle of the road.
Commander Bamuzibire then went to him and told him: “Doctor, use Yusuf Lule Road, Mukwano round about, then connect to Najjanankumbi.” Then doctor asked him: “Do you know where I am going?” Then Afande Bamuzibire told him: “I don’t need to know where you are going.”
Then the crowd was gathering as Dr Besigye parked in the middle of the road until his vehicle was towed to Kiira Road (police station).
Cross-examination by Ernest Kalibbala (EK), Frederick Mpanga (FM) Besigye’s lawyer; witness Brian Omwito (BO), a police intelligence officer.
EK: You said people don’t want to see police uniform. Why is that so?
BO: Because when you are on duty, they normally stone policemen in uniform.
EK: Have you ever been stoned on duty?
BO: No. They stoned my colleague.
EK: Is your colleague who was stoned here in court?
BO: No, he died.
EK: On that day, was there stoning of policemen?
BO: Yes.
EK: Where was the stoning?
BO: Kubbiri.
EK: Was that stoning ordered by Dr Besigye?
BO: No.
EK: Did you see or hear him asking anyone to stone policemen?
BO: No.
EK: What law is violated by someone in his vehicle on his way to church?
BO: Keeps quiet.
EK: You don’t know because there is no law.
Magistrate: Is there a law?
BO: No.
EK: Is there a law that bars people from giving him (Besigye) money? (In the video, Besigye is seen receiving money from people).
BO: No.
EK: Is there a law which bars people from expressing joy when they see him?
BO: There is no law.
EK: Is there a law that bars him from raising the two fingers (V-sign)?
BO: No law.