Lawyers representing former Uganda Land Commission (ULC) chairperson Beatrice Byenkya have protested what they have termed as ‘smuggling’ of witnesses by the Inspector General of Government to gain an unfair advantage in the case.

Defence lawyers John Mary Mwaya and Charles Tibaijuka protested on Wednesday, January 31, 2024, after IG prosecutor Earnest Katwesigye presented in court a prosecution witness identified as Robert, who, according to them, was not among those disclosed to them (defence team) before the trial commenced.

“This was not one of the witnesses disclosed to us. We are being ambushed in court because we do not have his witness statement. We object to the witness testifying in the matter because it offends the fair trial of the accused persons,” Tibaijuka argued.

However, Anti-Corruption Court chief magistrate Joan Aciro overruled the defence lawyer’s bid to block the witness, saying although he is not among those disclosed to the defence lawyers, his report about what transpired at the ULC offices was availed to the lawyers prior to commencement of the trial.

She, however, gave the defence lawyers time to read the witness’ report before he testifies on April 15, 2024, and directed the IG prosecutor to disclose to the defence team the remaining witnesses who are expected to testify in the matter.

Byenkya is accused of obstructing Inspectorate of Government (IG) investigating officers from searching her office at ULC in Kampala.

She is charged alongside four Police officers, including Richard Godfrey Anywar, Titus Wamono and Edward Turyatunga. It is alleged that the Police officers drew a gun at the IG investigating team who wanted to conduct a search at the land boss' office.

According to IG, the incident happened on January 4, 2022, when their investigations team had gone to ULC offices to probe allegations of misappropriation of funds, amounting to millions of shillings, and abuse of office by Byenkya.

They are battling charges of obstruction of search and abuse of office, contrary to sections 35 and 11 of the Inspectorate of Government Act and the Anti-Corruption Act, 2002, respectively.

Obstruction of a search attracts a maximum sentence of three years in jail, on conviction, while abuse of office elicits seven-year-jail term.

ALLEGATIONS

Prosecution alleges that Byenkya and the three Police officers on January 4, 2022, at ULC without lawful justification or excuse, willfully obstructed and hindered three IG staff from carrying out a search of the office of chairperson while they were acting in the exercise of powers conferred by the IG Act, 2002.

The staff are Michael Tumukurate, Zakaria Tiberindwa and Superintendent of Police Noreen Akello.