State Now Introduces New Witness, Attorney in Besigye-Mukaaku Trial

Erias Lukwago, the lawyer representing the accused, argued that the state is infringing upon his clients' constitutional rights to a fair and speedy trial.

Opposition stalwart Kizza Besigye and political activist Samuel Lubega Mukaaku have been drawn into a new legal turf after the State dropped previously presented evidence and introduced a new prosecutor along with a fresh witness.

Erias Lukwago, the lawyer representing the accused, argued that the state is infringing upon his clients' constitutional rights to a fair and speedy trial.

The new senior state attorney, Allan Mucunguzi, has indicated intentions to restart the case, suggesting that the earlier evidence presented by his colleague Ivan Kyazze was insufficient.

During today's proceedings at Buganda Road Court, Magistrate Winnie Nankya heard Lukwago’s objections to the developments.

He questioned why the Director of Public Prosecutions would suddenly switch attorneys if they believed in the strength of their case.

Lukwago is also challenging the evidence from Detective Sergeant Oriama Steven, who claims to have inspected the vehicle in which Besigye and Mukaaku were allegedly involved at the time of their arrest. Lukwago described this evidence as fabricated.

"They have introduced a new report with images allegedly showing my clients committing the offense," Lukwago stated, arguing that this move represents an attempt by the state to present fraudulent evidence against his clients.

He emphasized that the introduction of this new evidence, without prior disclosure, is a direct violation of Article 28 of the Constitution, which requires all evidence to be disclosed to the defense before the trial.

"This is essentially an ambush, with the state introducing surprise witnesses and evidence after the court had already deemed such tactics illegal," Lukwago asserted.

Lukwago further challenged the investigating officer Oriama’s report, noting inconsistencies. According to the report, Oriama claimed to have authored it on June 15, 2022—the date of the alleged offense—while the document itself is dated October 31, 2022.

Lukwago argued, "Such discrepancies reveal that the report is fraudulent, and this is what we are objecting to."

He maintained that they will not permit the state to present what he described as forged evidence and suggested that if the state finds the case too challenging, it should consider discontinuing it.

The court has set November 15, 2024, to rule on this matter.

On October 4, Lukwago had requested the exclusion of Detective Sergeant Oriama Steven’s report after Oriama testified that he had recovered placards bearing slogans like “Time Up, Time Out” and “Stop Stupid Birthdays,” along with a white megaphone allegedly used to incite public protest.

Lukwago objected to Oriama’s testimony, highlighting that the evidence was introduced without prior disclosure and that Oriama had not been listed among the 11 initial witnesses registered by the prosecution.

Describing this as an "ambush," he argued that it constituted an abuse of the court process and called for the testimony to be removed from the record.

“We were denied the chance to review or prepare for this evidence. It’s clear that the prosecution is employing tactics to prolong the case, burdening our clients both emotionally and financially,” Lukwago told the court.