Besigye Petition Opens On Tuesday

By Hamis Kaheru and Juliet Nankinga HEARING of Col. Kizza Besigye's petition challenging the March 12 presidential elections commences on Tuesday April 3, the Registrar of the Supreme Court, Masalu Musene, said yesterday. Musene said the date was fixed by yesterday's meeting of Supreme Court Justices. The Justices met lawyers representing both President-elect Yoweri Museveni and Besigye. The morning meeting took place in the Chief Justice Benjamin Odoki's chambers in Mengo. The meeting, called to discuss the procedure of the case and time frame, was attended by the Solicitor General, Mr Peter Kabatsi, Mr Amama Mbabazi, Mr Wandera Ogalo and over 20 lawyers representing both Museveni and Besigye. Among volunteer lawyers for Museveni were Mr Edwin Karugire, Museveni's son-in-law and Mr Peter Mulira. Also present were the two Kenyan lawyers, Dr. John Khaminwa and Eugene Wamalwa, hired by Museveni. The two have already consulted with Dr. Joseph Byamugisha who is heading the legal team and other members of the team. Musene said the hearing could not commence on Monday April 2 as earlier planned, because the lawyers needed time to file more affidavits and supporting documents. The lawyers and the Justices agreed that hearing would take place at the High Court premises in the city centre, because the courtroom in Mengo was small and poorly ventilated. Musene said the Justices were yet to decide on the coram of those to hear the petition. The petition is supposed to be heard by five Justices. The Supreme Court has six Justices, Benjamin Odoki (Chief Justice), Arthur Oder, John Tsekooko, Alfred Karokora, Joseph Mulenga and George Kanyeihamba. One of them will be required to be on stand-by. Musene said all six were ready and had been served with copies of all the relevant documents. Besigye's lawyer has applied to court to order that Museveni avails audio and visual recordings and tapes by the Presidential Press Unit of campaign speeches at rallies, press conferences and interviews. He is also seeking court orders requesting the Electoral Commission (EC) to produce in court the National Voters Register, voters' rolls for each constituency and each polling station. EC is the second respondent in the petition. Besigye also wants EC to produce the Gazette where the voters' rolls were published, lists of members of tribunals appointed by returning officers, statements showing the number of ballot papers supplied and their serial numbers. Besigye's lawyer, Joseph Balikuddembe, has applied to the Supreme Court to order Museveni to admit that Maj. Kakooza Mutale actively campaigned for him under the Kalangala Presidential Action Plan. The application is in response to Museveni's affidavit in which he denied that he organised groups under Presidential Protection Unit (PPU) and Kakooza Mutale as part of his campaign strategy. Besigye also wants Museveni to admit that he rode on a bodaboda motorcycle to Kololo Airstrip for his nomination and later gave the cyclist a new motor cycle. By implication, this would mean that Museveni gave out material things to voters to win their support, which is not allowed under the law. Ends