Ugandans, Like I have previously stated, Dr. Bwesigye is a politician devoid of Politics of Intrigue, he is just a medical doctor who should be and is better off serving in the Hospitals of Uganda. Now the man cooses to involve himself in Politics (with all political intrigue that one confronts if and when one joins Politics which unfortunately is quiet rampant in Uganda) ... is Behind is Gone!!!..who wants to bet??? 100 dollars I say by the end of this very year Dr. Bwesigye will be found guilty of "Treason" and sentence to jail !...and that will be , the end of the story!!! We shall then observer as to how the so called FDC apostatlets and followers will behave!!
MK
Uganda: Besigye Appeals Decision
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New Vision (Kampala)
May 16, 2006
Posted to the web May 17, 2006
Posted to the web May 17, 2006
Hillary Kiirya, Milton Olupot & Hillary Nsambu
Kampala
Kampala
COL. Kizza Besigye and 22 others on treason trial have petitioned the Constitutional Court, saying they are being tried under grossly unfair circumstances contrary to the Constitution.
They want the court to rule that their
continued prosecution based on the evidence of self-confessed criminals contravenes the Constitution.
In an affidavit sworn by defence lawyer Titus Kiyemba Mutale, they said the "prosecution has placed reliance on the evidence of PW1, Jennifer Aryem, PW2, George Abedo and PW5, Alfred Onen Kamdulu, which witnesses effectively confessed to having been part of the alleged treasonous plots and other offences of collaborating with the LRA waging war against government and committing crimes such as rape and murder.
"These witnesses have not themselves been subjected to any due process and were not co-accused with the petitioners or separately tried, convicted and sentenced and granted amnesty under the Amnesty Act. Yet the prosecution not only presents them as reliable and credible witnesses of truth but also seeks to obtain the death penalty against the petitioners using their evidence.
He
said the witnesses were not in custody and were not being made to pay for their self-confessed offences but rather enjoying their liberty and protection at tax payers' expense.
They requested the Constitutional Court to stay the trial until the DPP complies with the Constitution.
The petition was filed at the Court of Appeal on Monday.
The lawyers said the prosecution of their clients was being conducted in a manner inconsistent with the Constitution and were aggrieved by the DPP's acts.
They said their clients were being tried through ambushes by the prosecution as the defence has not been furnished with advance notice of the prosecution case.
"Save for a summary of the case, the petitioners and their counsel do not know who the prosecution intend to call as witnesses or what the proposed witnesses are going to say until the
witnesses appear in the witness box.
"This situation is highly prejudicial to the petitioners because they do not know the full nature and substance of the case against them and they cannot properly instruct their counsel and their counsel cannot adequately prepare. Thus the petitioners are being tried by ambush."
Kiyemba said this was giving the prosecution the unfair advantage of making up its case as it goes along with the aim of nullifying advantages that the defence might get in cross-examination of witnesses.
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They cited an example of PW4, Dr. Kagoro Kaijamurubi, who they referred to as an adhoc witness called expressly to repair damage that had been done to the prosecution case by PW3, Lt. Migadde Semakula and he testified without making a witness statement.
"The petitioners' counsel have endeavoured to do the best they can
in preparing for and cross-examining witnesses as they are produced in court.
"However, the indictment mentions overt acts allegedly carried out in Rwanda and the Democratic Republic of Congo. And if the prosecution intends to call evidence to prove these acts, research shall have to take place in the respective countries.
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