And who is the commamnder of the UPDF?
Third witness seeks Presidents ear, says defence
SOLOMON MUYITA & HUSSEIN BOGERE HIGH COURT,
KAMPALA
Monitor, April 26, 2006
DEFENCE lawyers yesterday presented a letter in court allegedly written to President Yoweri Museveni by the third prosecution witness detailing his worst fears, including the possibility of the government losing the treason case against Dr Kizza Besigye, president of the opposition Forum for Democratic Change.
Lt Migadde Ssemakula allegedly authored the letter dated April 20. He, however, denies writing it. The veteran soldier, who was once sentenced to death for armed robbery and spent 10 years in jail before being released, claims hes an Internal Security Organisation (ISO) operative deployed to infiltrate Besigyes Reform Agenda in the 2001 presidential elections.
He allegedly wrote to Museveni to seek audience with him to brief him about his fears. Your excellency, in the Col Dr Besigyes treason case, there are so many contradictions which will lead government to loose (sic) the case, the letter reads.
I know this mission right from the beginning and proper information, but because of mishandling governments records, the file in which I was putting reports up to now is nowhere to be seen.
Court at the request of the defence ordered the State to produce the Operation Sekanyolya file in which Migaddes intelligence reports on Besigye were kept.
Since the trial started early this month, the court has heard contradictions in statements by the States first two witnesses: Ms Jennifer Aryem and Mr George Abedo, both self confessed former Lords Resistance Army (LRA) combatants.
Aryems testimony had inconsistencies in her names, the schools she attended, while Abedo lied on oath that he had been granted amnesty, after admission that he was a rebel who had raped and clubbed several people to death.
Aryems testimony had inconsistencies in her names, the schools she attended, while Abedo lied on oath that he had been granted amnesty, after admission that he was a rebel who had raped and clubbed several people to death.
The contradictions allegedly prompted Migaddes four-page letter, in which he sought to meet the president physically for a proper explanation about my problems and the mishandling of the treason case. Otherwise the government will lose it. I beg to remain your true servant.
The witness, however, denied ever writing the letter that was handed to him by defence lawyer David Mpanga, who was cross-examining him.
He however confirmed to court that Army no. RO833 on the letter is his. He also owned up the mobile telephone number [0782-957829] and the fact that he has five dependants, as the letter indicates.
The witness also confirmed at the prompting of the defence that as written in the letter, he participated in various security operations like the arrest of remnants of Maj.
Herbert Itongwas rebels, who were regrouping in Nairobi; the recovery of some guns in Mbale; identifying UPDF soldiers who collaborated with LRA rebels; enabling the successful arrest of Corporal Ochwa, who was selling guns to rebels in Gulu and the recovery of illegal guns in the West Nile region.
The government recovered hundreds and hundreds of guns and ammunitions from the districts of Arua, Koboko, Yumbe and Moyo. Imagine if the guns landed in bad peoples hands like Capt. Katabazi and his PRA rebels, reads the letter.
Mr Simon Byabakama Mugenyi, the deputy director of public prosecutions, had objected to his witness being cross-examined on the document arguing that Migadde had denied any connection to the document.
He is not the author of the statement, he has said that is not his signature, he is not privy to the document, therefore there is no way you can cross-examine him on it, Byabakama said.
The trial judge, Vincent Kagaba, concurred with the prosecution argument, but Mpanga insisted and continued questioning the witness saying since Migadde had admitted to most of the contents, the court could subject the letter to a handwriting test to prove its
authorship.
The document also shows the witness was dismissed from the Army upon his release from death row in 1998. Towards the end of 2000, Col. [Elly] Kayanja picked me from the streets of Kampala and transformed me into a useful person to the government, reads the statement.
Mpanga said the witness had also complained in the letter to the president of not having been properly rewarded or recognised for his efforts.
Court heard that Migadde, who had just left prison impoverished in 2001, was desperately looking for something to do to get some money and thats why he volunteered to infiltrate the Besigye
camp.
The witness stunned court when he said he has a poor memory. Though he is an intelligence officer, he said he could not remember when he attended the meetings in which Dr Besigye allegedly revealed his links with LRA rebels.
Migadde could also not remember when he met the LRA rebels in the bush, their full names and those of the rebel collaborators he met.
Migadde could also not remember when he met the LRA rebels in the bush, their full names and those of the rebel collaborators he met.
I am not very sharp to remember everything. I have a very bad memory, but thats how God created me, Migadde admitted under pressure from defence.
The case was adjourned to today for further cross-questioning of Migadde and re-examination of Abedo. The judge ordered the
witness to carry with him his appointment letter to ISO and his employment deed.
ADDITIONAL REPORTING BY SIRAJE K LUBWAMA, LOMINDA AFEDRARU
& LYDIA MUKISA
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