{UAH} Allan/Pojim/WBK: Drama as State submits video evidence against Besigye
Drama as State submits video evidence against Besigye
The drama in Kasangati Chief Magistrate's court today sent attendees in fits of laughter, as the State tendered in video evidence pinning Dr Kizza Besigye for disobeying lawful orders.
The 7 minutes 42 second footage was submitted by State witness Brain Mark Omwito, a constable attached to the Police evidence-gathering unit but defence lawyer, Ernest Kalibala questioned the video's credibility.
At first, Omwito said the video was 1 hour and 20 minutes long. Kalibala wondered how the video was now just 7 minutes unless edited. But Omwito insisted the video had not been edited and that what he was submitting was the original footage. He also said he had captured the footage using a 'red' camera but footage was presented from 'black' camera instead.
Omwito's video shows Besigye's motorcade driving from Kalerwe to Mulago as 'proof' that the crowd that followed him could jeopardize business in the city centre if he had not been stopped.
Prosecution alleges that on April 5, Besigye who is currently on remand in Luzira prison on treason charges disobeyed police orders to use Yusuf Lule road instead of his preferred route through the city centre to Forum for Democratic Change (FDC) offices to attend weekly prayers. From Omwito's video, Yusuf Lule road also appears to be blocked by police. When asked whether his narration of the events on April was different from the video he submitted, Omwito said, yes.
Kalibala asked that the video be withdrawn, a plea that was sustained by Grade One magistrate Freddy Egesa Achoka.
Omito told court that Besigye was seen collecting money from his supporters yet it was not campaigning time. He further said that by flashing the V-sign, Besigye was inciting the population to join him in a procession so they could disrupt traffic and business in the city centre. Omito also said that police vehicles had been stoned and damaged by Besigye's supporters.
"You said when someone is going to church they are not supposed to stand? (atop of open roof)?, Kalibala asked Omito.
"Yes", he said.
"What law is violated in case someone stands while going to church?"
"No law", Omito answered.
Kalibala: Is there any any law that stops people from jubilation and expressing joy?
Omwito: I can't answer that!
Magistrate: You answer!
Omwito: No law.
Kalibala: You said Dr Besigye was collecting money yet it was not campaign time.
Omwito: Yes
Kalibala: Is there a law that stops one from waving the V-sign?
Omwito: No.
Kalibala: Is there a law that stops Dr Besigye from going to Mulago, Kubbiri or to the city centre?
Omwito: No.
............................
Kalibala: At the end of the video, what words did Dr Besigye say?
Omwito: He said 'What is this again, how do they expect me to go to town?"
Kalibala: So, is it your evidence that he was not allowed to proceed?
Omwito: Yes
Kalibala: [In the video] Police officers are seen standing in front of his car
Omwito: Yes
Kalibala: So, if he had proceeded, what would have happened?
Omwito: He would have knocked the police officers.
Kalibala: Meaning he would have committed an offence
Omwito: Yes
Kalibala: So it was reasonable that he doesn't drive to knock them
Omwito: Yes
Kalibala: Was there stoning?
Omwito: Yes
Kalibala: Was the stoning done by Dr Besigye?
Omwito: No
Kalibala: Did you hear him [Besigye] ask someone to do it?
Kalibala: No
Prosecution led by Joseph Kyomuhendo sought an adjournment to enable the State produce one more witnesses, an 'IT expert' to pin Besigye. The case was adjourned to July 1.
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