Judge summons Besigye witness
Apr 19, 2006
The High Court yesterday ordered the prosecution to produce Jennipher Aryem today without fail to ascertain if she is sick as reported. Justice Vincent Kagaba’s order followed allegations from Col. Kizza Besigye’s lawyers that Aryem fled the country fearing to return to court. The lawyers said A
By Anne Mugisa, Hillary Kiirya and Hillary Nsambu
The High Court yesterday ordered the prosecution to produce Jennipher Aryem today without fail to ascertain if she is sick as reported.
Justice Vincent Kagaba’s order followed allegations from Col. Kizza Besigye’s lawyers that Aryem fled the country fearing to return to court. The lawyers said Aryem was simply not interested in testifying any more.
The trial was postponed earlier after Aryem asked for time to see a doctor. When the hearing resumed yesterday, the prosecution said she was still sick and not in court.
Col. Kizza Besigye and 22 others are on trial over treason and concealment of treason.
The trial started about two weeks ago. Aryem, the first witness, said she connected Besigye, at his request, to LRA rebels.
But she was taken ill after two days of intense cross-examination by the defence lawyers, after she presented her main evidence.
Kagaba also ordered the State to bring all its witnesses from Gulu and accommodate them in Kampala so they can be in court whenever needed to avoid adjournments. He also ordered that the State get in touch with its Kampala-based witnesses and avail them to the court if those from Gulu are not available today.
Earlier, the Deputy Director of Public Prosecution, Byabakama Mugenyi, said he had been informed of Aryem’s continued sickness by a Police officer, Womanya.
But Besigye’s lawyers protested, saying Aryem was not ill but dodging court.
“If she is sick, she is sick of questions,†David Mpanga, one of the lawyers, said. He asked the court to expunge Aryem’s evidence from the record and let other witnesses testify.
He said, “This trial must proceed today. It is only 10:05am and in the next half-hour, the D/DPP can call the next witness. Let’s not waste everybody’s time.â€
Mpanga’s colleague, John Matovu, said, “The witness has fled the country.†Asked whether her passport was not with the court, Matovu said, “Since she has other names, I am sure she has other passports. We have been informed, unless prosecution brings evidence to the contrary, that this woman has been testifying under duress, the reason she has fled the country.â€
Matovu said, “The other named people, we see. The Migaddes, the Ssalambwas of this world are here. We see them daily around Nakasero, Sheraton, they can be brought to testify.â€
But Byabakama said he was surprised that the defence seemed to have peculiar facts about the witness.
“The other day it was the bugs in the ears of the witness and yet she asked the court to be searched then and there,†Byabakama said.
See Verbatim in our Key Documents section
The High Court yesterday ordered the prosecution to produce Jennipher Aryem today without fail to ascertain if she is sick as reported.
Justice Vincent Kagaba’s order followed allegations from Col. Kizza Besigye’s lawyers that Aryem fled the country fearing to return to court. The lawyers said Aryem was simply not interested in testifying any more.
The trial was postponed earlier after Aryem asked for time to see a doctor. When the hearing resumed yesterday, the prosecution said she was still sick and not in court.
Col. Kizza Besigye and 22 others are on trial over treason and concealment of treason.
The trial started about two weeks ago. Aryem, the first witness, said she connected Besigye, at his request, to LRA rebels.
But she was taken ill after two days of intense cross-examination by the defence lawyers, after she presented her main evidence.
Kagaba also ordered the State to bring all its witnesses from Gulu and accommodate them in Kampala so they can be in court whenever needed to avoid adjournments. He also ordered that the State get in touch with its Kampala-based witnesses and avail them to the court if those from Gulu are not available today.
Earlier, the Deputy Director of Public Prosecution, Byabakama Mugenyi, said he had been informed of Aryem’s continued sickness by a Police officer, Womanya.
But Besigye’s lawyers protested, saying Aryem was not ill but dodging court.
“If she is sick, she is sick of questions,†David Mpanga, one of the lawyers, said. He asked the court to expunge Aryem’s evidence from the record and let other witnesses testify.
He said, “This trial must proceed today. It is only 10:05am and in the next half-hour, the D/DPP can call the next witness. Let’s not waste everybody’s time.â€
Mpanga’s colleague, John Matovu, said, “The witness has fled the country.†Asked whether her passport was not with the court, Matovu said, “Since she has other names, I am sure she has other passports. We have been informed, unless prosecution brings evidence to the contrary, that this woman has been testifying under duress, the reason she has fled the country.â€
Matovu said, “The other named people, we see. The Migaddes, the Ssalambwas of this world are here. We see them daily around Nakasero, Sheraton, they can be brought to testify.â€
But Byabakama said he was surprised that the defence seemed to have peculiar facts about the witness.
“The other day it was the bugs in the ears of the witness and yet she asked the court to be searched then and there,†Byabakama said.
See Verbatim in our Key Documents section