By Kevin Tuheirwe
The Kabale Chief Magistrate’s court has today dismissed the case in which former Forum for Democratic Change (FDC) president Dr Kizza Besigye, with five other opposition politicians were charged for inciting violence and malicious damage which was allegedly committed in 2012.
Besigye has been accused alongside Kampala Lord Mayor Erias Lukwago, Kawempe South Member of Parliament Mubaraka Munyagwa, the Rukungiri Municipality MP Roland Kaginda, FDC women league chairperson Ingrid Turinawe and Western regional FDC chairperson Imam Makumbi.
They have been accused of inciting violence on 14th July 2012 while addressing a 4GC rally in Kabale municipal stadium that ended in to running battles, between police and the locals as the police tempted to stop the supporters, who had turned up from marching to Kisoro road through garage street.
In the due course, chaos erupted that resulted into injuring of four police officers and damaging three police vehicles UP 1325, UP 1923, and UP 3226 which was contrary to section 38(1) of penal code act.
In the ruling of Moses Kagoda Ntende that was read by the Kabale Grade One Magistrate Ms Stella Mwali, he said that being that in 2016 was an electioneering year and the accused being politicians were right to talk politics and all the statements that they made were not inciting. He dismissed the case due to prosecution failing to bring clear evidence to prove the case.
Shortly after the ruling, Justus Muhangi their lawyer of Muhangi Justus and partners advocates told our reporter that the state had no evidence, as they just wanted to cripple them financially to keep spending money and time going to court. He adds that his clients are yet to give him instructions to open up a case in which he will seek for damages.
Leopold Twesigye, a surety to Ingrid Turinawe said that the ruling indicates the there are some Judiciary officials in Uganda who can judge according to the law, not to the ruling government.
All the accused were not in court as it was only their sureties Leopold Twesigye, Saulo Nuwagaba Kagyema and Richard Muhanguzi the former Kabale municipality speaker.
Source: www.mknewslink.com a greater western Uganda news website