The Buganda Road Magistrates Court has declined to issue criminal summons against Dr Kizza Besigye.
Besigye is jointly charged with former Rubaga South Constituency Parliamentary Candidate Samuel Walter Lubega Mukaaku over offenses stemming from their June 14th, 2022 protest against the skyrocketing prices of commodities in the country.
They are accused of staging an assembly at Kikuubo Shauriyako Parish in Kampala Central Division where they allegedly made statements indicating that it would be desirable to demonstrate, which was an act calculated to cause damage and destruction of property.
On Friday, the Court presided over by Grade One Magistrate Asuman Muhumuza was expected to be updated on the progress of the case by the prosecutors, but Besigye failed to turn up.
Ivan Kyazze, a state prosecutor asked Court to issue criminal summons against Besigye.
He told the court that they had come with part of the evidence they intend to rely on to prosecute Besigye and Mukaku.
Among the evidence which has been shared with Besigye’s lawyers is a charge sheet, statements from 11 witnesses majority of whom are Police Officers, his vehicle profile, and a search certificate.
Besigye’s lawyers led by Samuel Muyizzi Mulindwa told Court that their client was in Ntungamo District to attend the burial of the former Minister of Cooperatives Yonasani Kanyomozi who died on Sunday last week.
According to Muyizzi, Besigye sought advice on whether to attend Court or the burial since they were all happening on the same day. Muyizzi says that he advised Besigye to attend the burial arguing that he had information that the case was not going to proceed today since the prosecutors had not shared the evidence they intend to rely on in the case.
Muhumuza accepted Muyizzi’s submission saying it was satisfactory and accordingly declined to grant the request by the prosecution to issue a criminal summons.
Muhumuza also noted that if Besigye was present in court, he would have dismissed the charges against him and Mukaaku. He said that in the previous court session, he directed the prosecutors to share with the Defense lawyers the evidence they intend to rely on but since then they have not complied with his directive.
Muhumuza adjourned the case to October 24th, 2022.
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