Ailing witness Aryem sent to doctor
Apr 12, 2006
IT is day five into the treason trial of Kizza Besigye and 22 others, presided over by Justice Vincent Kagaba. Deputy DPP byabakama Mugenyi (BM), is for the state. Lawyers Sam Njuba (SN), Yusuf Nsibambi, David Mpanga (DM), Caleb Alaka (CA) and Mark Bwenje (MB) are defence lawyers. <b>Hillary Kiirya,
IT is day five into the treason trial of Kizza Besigye and 22 others, presided over by Justice Vincent Kagaba. Deputy DPP byabakama Mugenyi (BM), is for the state. Lawyers Sam Njuba (SN), Yusuf Nsibambi, David Mpanga (DM), Caleb Alaka (CA) and Mark Bwenje (MB) are defence lawyers. Hillary Kiirya, Anne Mugisa and Hillary Nsambu recorded the proceedings...
The witness, Jennifer Aryem (JA), is in court but says she is not in a position to speak because she has to see a doctor.
9:15am: Aryem is already at court but remains seated in the tinted security van that dropped her. At 9:35, the clerk bangs the door and the judge takes his seat.
Clerk: Case no. 148/2005 Col. Kizza Besigye and 22 others. (The suspects rise and Aryem is escorted to the witness stand. She comes with water and a white envelope containing the medical form that was only read by the judge.)
BM: My Lord, we appear as before except for John Matovu and Kiyemba Mutale who are not here. The judge records the names of those present.
Kagaba: Are all the accused present?
BM: Yes, my Lord.
Kagaba: What about the interpreters, are they all here?
(They stand up to confirm their presence.)
Kagaba: Yes Mr. Byabakama.
BM: The witness is present in court as ordered yesterday. I do not know whether she is able to speak.
Kagaba: This case is for cross-examination. Ready?
JA: Yesterday I went to the doctor and he has given me a letter to take to another doctor in Mulago hospital and I am supposed to go there this morning.
Kagaba: Is that the ear, throat specialist?
JA: Yes, my lord.
Kagaba: Do you have to go today?
JA: I have to go today. I am not feeling well.
Kagaba: Let me see that letter. (Aryem passes over the letter to the judge who examines it)
Kagaba: the rest of you cannot read it. It is a secret.
Alaka: We have something to say my lord.
Kagaba: Just hold on.
BM: I have not read that letter myself but since the witness has said she has to go and see a doctor my humble prayer is that the
matter be adjourned to a convenient day to enable her get full treatment.
Kagaba: Full? Yesterday you reported other things and I spared you.
BM: Much obliged my lord but that is the situation.
Alaka: My lord we do not have any objection to the request by our colleague, the learned deputy DPP, that the case be stood over since the witness is not feeling well, especially on the health grounds adduced by her in court.
However, we have some observations to make. We have heard information my lord to the effect that that type of dressing by the witness, the head gear, weave is not for purposes of design but an ear piece is placed in her ear and I think that is what has affected her ears and the head gear has a radio facility transmitter for her to communicate with other people. That is why she needs an interpreter to get time to receive answers from some where.
Moreover, this witness has not always been subjected to the usual security checks like all other people, including us the lawyers and suspects. She is just driven in by Police and CMI operatives.
Our prayer, my lord, is that at least she has to be subjected to the routine security checks as she comes to court. The orderly should check what is in the ears and the head gear. Much obliged, my lord.
Kagaba: Mr Byabakama those are the allegations made against your witness.
BM: I am totally flabbergasted. It sounds so unreal that there is a radio facility in the witness’ head gear. I have seen these things in movies but I do not know whether it is true. The prosecution is not aware of that kind of scenario neither are we involved in dressing up the witness. May be it requires the witness to be examined. But it is not even necessary. But if court doubts, it should make an order. Prosecution is not involved in conjuring anything that is contrary to the process of giving evidence.
Kagaba: Since you are going in for a long period of treatment. How long shall we be in court to wait for her? One year? One week is gone and we have not even finished one witness. What should we do?
BM: Since the witness has been referred to an expert and we are going into this long holiday I affirm that by the time we come out, she will be in position to testify. That is around April 19.
Kagaba: Aryem, you have heard people saying you are wearing gadgets. Is it true that you are wearing a radio facility?
JA: It is not true my lord.
Kagaba: Are you ready to be examined after this court?
JA: Yes my Lord.
Kagaba: Do you have any ear piece in your ears.
JA: No my lord.
Kagaba: Why do you particularly put on that head gear?
JA: I just love it.
Kagaba: Is that your fashion?
JA: Yes.
Kagaba: Unfortunately you might have to remove it as you come to court. Do you make it or someone does it for you?
JA: They make it for me.
Kagaba: In future when you come back you will have to remove that gear. In your passport photo you were not putting it on. It will have to be turned up and down because we do not know whether you are carrying a pistol or not.
JA: Much obliged my lord.
Kagaba asks defence if they are represented at the gate to ensure that she doesn’t have anything in the ears.
Kagaba: We are trying to make you comfortable and avoid circumstances that make people suspect you being beyond witness of the State.
JA: Most obliged my lord. They can check me now.
Kagaba: I am not checking you now but stand warned that next time they will check you from toe to head.
JA: Much obliged my lord.
Kagaba: This is a very sensitive place.
JA: I have heard.
BM: My lord, should I make a small remark?
Kagaba: Yes.
BM: It is very bad for the defence to make up allegations that are not supported.
Kagaba: We have only respected her human rights.
Alaka: This is a self-confessed LRA collaborator, a terrorist. Assuming she has a grenade on her head and she wants to go with all of us. Anyway much obliged.
Kagaba: Let me make my ruling. Where should she be checked from?
BM: At the gate.
Alaka: No. At the second check point on the building. All other people use the other entrance except her. She is the only one I have seen using this other entrance (referring to the restricted entrance for non-court staff).
Kagaba: (At about 10:27am gives his ruling on the allegations.) I have heard the concerns expressed by the defence about the attire of the witness under which she is suspected to be concealing a radio set through which she communicates with the outside world during the court proceedings. The witness has denied having such gadgets around her during the court proceedings. If it is true that the witness Aryem has been in court with such gadgets, it is extremely unfortunate. In order to meet the concerns of the defence, I order that in future, when Aryem comes to testify;
1. She should be checked from head to toe at the check-point where every one else is being checked before entering the High Court (or court).
2. She should enter the court hall through the gate where all the public coming to attend the High Court session enters; that is to say, the check-point facing the northern side of the High Court.
3. The checking at the check-point should be carried out by a female security officer.
4. She should be checked in the presence of or near a person representing the interests of the defence.
Having said that, the above matter which relates to the security of all of us and the smooth conduct of the trial, I accept to adjourn the case to enable Aryem receive her medical treatment during Easter season.
The hearing of this case shall resume on April 19, 2006 at 9:00am.
Kagaba: Understood.
JA: Yes my lord.
Kagaba: If you cooperate with us we shall move on with the trial smoothly. The case is adjourned to April 19 to allow the witness to undergo treatment. And since we are not going to meet until then, I wish all a happy Easter.
The witness, Jennifer Aryem (JA), is in court but says she is not in a position to speak because she has to see a doctor.
9:15am: Aryem is already at court but remains seated in the tinted security van that dropped her. At 9:35, the clerk bangs the door and the judge takes his seat.
Clerk: Case no. 148/2005 Col. Kizza Besigye and 22 others. (The suspects rise and Aryem is escorted to the witness stand. She comes with water and a white envelope containing the medical form that was only read by the judge.)
BM: My Lord, we appear as before except for John Matovu and Kiyemba Mutale who are not here. The judge records the names of those present.
Kagaba: Are all the accused present?
BM: Yes, my Lord.
Kagaba: What about the interpreters, are they all here?
(They stand up to confirm their presence.)
Kagaba: Yes Mr. Byabakama.
BM: The witness is present in court as ordered yesterday. I do not know whether she is able to speak.
Kagaba: This case is for cross-examination. Ready?
JA: Yesterday I went to the doctor and he has given me a letter to take to another doctor in Mulago hospital and I am supposed to go there this morning.
Kagaba: Is that the ear, throat specialist?
JA: Yes, my lord.
Kagaba: Do you have to go today?
JA: I have to go today. I am not feeling well.
Kagaba: Let me see that letter. (Aryem passes over the letter to the judge who examines it)
Kagaba: the rest of you cannot read it. It is a secret.
Alaka: We have something to say my lord.
Kagaba: Just hold on.
BM: I have not read that letter myself but since the witness has said she has to go and see a doctor my humble prayer is that the
matter be adjourned to a convenient day to enable her get full treatment.
Kagaba: Full? Yesterday you reported other things and I spared you.
BM: Much obliged my lord but that is the situation.
Alaka: My lord we do not have any objection to the request by our colleague, the learned deputy DPP, that the case be stood over since the witness is not feeling well, especially on the health grounds adduced by her in court.
However, we have some observations to make. We have heard information my lord to the effect that that type of dressing by the witness, the head gear, weave is not for purposes of design but an ear piece is placed in her ear and I think that is what has affected her ears and the head gear has a radio facility transmitter for her to communicate with other people. That is why she needs an interpreter to get time to receive answers from some where.
Moreover, this witness has not always been subjected to the usual security checks like all other people, including us the lawyers and suspects. She is just driven in by Police and CMI operatives.
Our prayer, my lord, is that at least she has to be subjected to the routine security checks as she comes to court. The orderly should check what is in the ears and the head gear. Much obliged, my lord.
Kagaba: Mr Byabakama those are the allegations made against your witness.
BM: I am totally flabbergasted. It sounds so unreal that there is a radio facility in the witness’ head gear. I have seen these things in movies but I do not know whether it is true. The prosecution is not aware of that kind of scenario neither are we involved in dressing up the witness. May be it requires the witness to be examined. But it is not even necessary. But if court doubts, it should make an order. Prosecution is not involved in conjuring anything that is contrary to the process of giving evidence.
Kagaba: Since you are going in for a long period of treatment. How long shall we be in court to wait for her? One year? One week is gone and we have not even finished one witness. What should we do?
BM: Since the witness has been referred to an expert and we are going into this long holiday I affirm that by the time we come out, she will be in position to testify. That is around April 19.
Kagaba: Aryem, you have heard people saying you are wearing gadgets. Is it true that you are wearing a radio facility?
JA: It is not true my lord.
Kagaba: Are you ready to be examined after this court?
JA: Yes my Lord.
Kagaba: Do you have any ear piece in your ears.
JA: No my lord.
Kagaba: Why do you particularly put on that head gear?
JA: I just love it.
Kagaba: Is that your fashion?
JA: Yes.
Kagaba: Unfortunately you might have to remove it as you come to court. Do you make it or someone does it for you?
JA: They make it for me.
Kagaba: In future when you come back you will have to remove that gear. In your passport photo you were not putting it on. It will have to be turned up and down because we do not know whether you are carrying a pistol or not.
JA: Much obliged my lord.
Kagaba asks defence if they are represented at the gate to ensure that she doesn’t have anything in the ears.
Kagaba: We are trying to make you comfortable and avoid circumstances that make people suspect you being beyond witness of the State.
JA: Most obliged my lord. They can check me now.
Kagaba: I am not checking you now but stand warned that next time they will check you from toe to head.
JA: Much obliged my lord.
Kagaba: This is a very sensitive place.
JA: I have heard.
BM: My lord, should I make a small remark?
Kagaba: Yes.
BM: It is very bad for the defence to make up allegations that are not supported.
Kagaba: We have only respected her human rights.
Alaka: This is a self-confessed LRA collaborator, a terrorist. Assuming she has a grenade on her head and she wants to go with all of us. Anyway much obliged.
Kagaba: Let me make my ruling. Where should she be checked from?
BM: At the gate.
Alaka: No. At the second check point on the building. All other people use the other entrance except her. She is the only one I have seen using this other entrance (referring to the restricted entrance for non-court staff).
Kagaba: (At about 10:27am gives his ruling on the allegations.) I have heard the concerns expressed by the defence about the attire of the witness under which she is suspected to be concealing a radio set through which she communicates with the outside world during the court proceedings. The witness has denied having such gadgets around her during the court proceedings. If it is true that the witness Aryem has been in court with such gadgets, it is extremely unfortunate. In order to meet the concerns of the defence, I order that in future, when Aryem comes to testify;
1. She should be checked from head to toe at the check-point where every one else is being checked before entering the High Court (or court).
2. She should enter the court hall through the gate where all the public coming to attend the High Court session enters; that is to say, the check-point facing the northern side of the High Court.
3. The checking at the check-point should be carried out by a female security officer.
4. She should be checked in the presence of or near a person representing the interests of the defence.
Having said that, the above matter which relates to the security of all of us and the smooth conduct of the trial, I accept to adjourn the case to enable Aryem receive her medical treatment during Easter season.
The hearing of this case shall resume on April 19, 2006 at 9:00am.
Kagaba: Understood.
JA: Yes my lord.
Kagaba: If you cooperate with us we shall move on with the trial smoothly. The case is adjourned to April 19 to allow the witness to undergo treatment. And since we are not going to meet until then, I wish all a happy Easter.