Details of Besigye rape case. DAY FOUR: Jan. 11, 2006
Jan 31, 2006
IT is day four of the trial of Kizza Besigye in the High Court over allegations of raping Joanita Kyakuwa. <b>Justice J. B. Katutsi</b> enters the court at 10:24am and a clerk calls the case number and Besigye moves over to the dock. The deputy Director of Public Prosecutions, Simon Byabakama Mugeny
IT is day four of the trial of Kizza Besigye in the High Court over allegations of raping Joanita Kyakuwa. Justice J. B. Katutsi enters the court at 10:24am and a clerk calls the case number and Besigye moves over to the dock. The deputy Director of Public Prosecutions, Simon Byabakama Mugenyi (BM), leads the prosecution, while Sam Njuba (SN) leads the defence team. Prosecution witness number three is Musinguzi John (MJ). Milton Olupot, Hillary Kiirya, Anne Mugisa and Hillary Nsambu recorded the proceedings:
BM: My lord, we are appearing as before and we are ready to proceed. I have one witness around, I had lined up three witnesses but unfortunately they cannot appear because they are sick....
Katutsi: Proceed.
BM: What are your full names?
MJ: I am called John Musinguzi, 32, working in the private sector as IT specialist.
BM: What is that?
MJ: Information technology.
BM: Where do you live?
MJ: I live in Rubaga, Kabuusu.
BM: Apart from IT, what do you do?
MJ: Other private things.
BM: Do you know one Joan Kyakuwa?
MJ: Yes.
BM: How do you know her and from when?
MJ: I know her as a friend, I don’t remember since when but must be 1999.
BM: What were you doing then?
MJ: I was working for government with the Special Revenue Police Services.
(Defence Lawyer John Matovu interjects)
Matovu: My lord, under section 4 of the Evidence Act...the evidence of this witness is not relevant...(reads the section of the Act) I have seen the statement of this witness. His statement is that he knows the complainant. In this case there is no question over the identity of the complainant, it is about the alleged rape.
Katutsi: I have not heard the evidence of the witness so I cannot make a ruling. It is until he says something repugnant when I will decide....You want me to do like Amin?
BM: Right, Mr. Musinguzi, you said you were working with SRPS?
Katutsi: I don’t want at the end of this trial to read garbage. Can you please present what is relevant.
BM: Much obliged my lord. Can you tell us the circumstances under which you met her and when.
MJ: I think...
Judge: I don’t entertain thinking...can you be certain.
MJ: I don’t remember the month and the date, I remember only the year 2001. I met Kyakuwa, who I had previously known. She called me and asked that she wants to meet me at around Kabira Club. I met her and she looked scared and sickly.
BM: When you met her what happened?
MJ: She told me she was in big trouble but did not seem comfortable discussing the trouble. She mentioned a story that had been run in the Uganda Confidential about her and her guardian. She said she had been threatened with death and wanted protection and assistance because she was sickly.
BM: After telling you that.
MJ: I tried to get as much information as possible but she couldn’t. She asked me if I could help her see the President. The office in which I worked was under the office of the military assistant to the President.
BM: Who was heading it?
MJ: It was the current Inspector General of Police, Maj. Gen. Kale Kayihura but he was away in the US.
BM: What did you do?
MJ: I tried to help her because she looked desperate. I contacted the Private Secretary to the President.
BM: You contacted the Private Secretary to do what.
MJ: To make for her an appointment to meet the President.
BM: Was it done?
MJ: Yes.
BM: Who informed her?
MJ: Me, my lord.
BM: Do you know if she met the President?
MJ: Yes.
BM: Did you attend the meeting in person?
MJ: I did not personally attend. I only took her to the office of the President.
BM: What did you do after?
MJ: I went back to my work.
BM: That is all.
John Matovu (JM): This witness is irrelevant...
Katutsi: Say one thing, are you cross-examining the witness or not?
Matovu: The witness is irrelevant.
Katutsi: Kyakuwa was here and said she was connected to the President by John Musinguzi, so he is here to state that.
After his short testimony that lasted for not more than 15 minutes, musinguzi is cross-examined by one of the defence lawyers David Mpanga (DM).
DM: In which year were you born?
MJ: 1973.
DM: How old were you in 2001?
MJ: 27 years.
DM: At 27, you were heading the department of audit and finance?
MJ: Yes
DM: To whom were you answerable?
MJ: Head of the unit.
DM: Who was this?
MJ: The current inspector General of Police, Maj. Gen. Kale Kayihura.
DM: In your report line, did you have to report to the President?
MJ: Yes.
DM: Did you know the President before?
MJ: Yes.
DM: Prior to working with SRPS, were you known to the President personally or your family?
MJ: Yes.
DM: Was he known to your family?
MJ: He must be knowing the family because we come from the same county.
DM: When you saw Kyakuwa, did you think of going to Kira Road Police when you met in Ntinda?
MJ: That was not her request because at that time she did not have trust for anyone with her problem apart from the President.
Katutsi: Answer the question. Did you think of Police?
MJ: yes, I did.
DM: Was the President the only person to protect Kyakuwa?
MJ: Yes, because some people who have reported their cases to Police have not been assisted the way they want.
DM: If it was not just for politics, why did you think of going to the President instead of Police?
MJ: She felt secure with her secrets only being told to the President because she was even uncomfortable telling me.
DM: Have you ever met a person with a mental problem?
MJ: Yes.
DM: So you had no way to tell whether she was under illusion of threat:
MJ: Yes.
DM: So when Kyakuwa told you what was happening; off you went to the President. Did you say Kale Kayihura, your boss then, was not around?
MJ: Yes.
DM: So you went over your boss and reported to the President?
MJ: Yes because as head of my department, I was liaising with the President at the time. But for this case, I went through the then Personal Secretary (PS) to the President.
DM: What PS did you liaise with?
MJ: Amelia Kyambadde.
DM: You told us you connected her to the president. How long did it take you? About a week?
MJ: Yes my Lord.
DM: You said you are an IT specialist under the Private Sector. Which Company is this?
MJ: Elite Technologies.
DM: Since when?
MJ: May 2005.
DM: Do you have an Identity Card and can you show it to us?
Musinguzi passes over the ID to the defence team.
DM: When did you make a statement at Police?
MJ: June 28, 2005.
DM: Where?
MJ: At CID headquarters.
DM: Before which Police officer?
MJ: Isabirye.
DM: Was detective Florence Oketcho present?
MJ: No
DM: have you ever met her?
MJ: No.
DM: Who called you to make a statement?
MJ: That gentleman.
DM: That is all I have in cross-examination for this witness.
At this stage, Byabakama tries to re-examine but all the questions are interjected by the defence team and the judge overrules him on all the questions and remains with no question in re-examination at all.
The judge asks him if all his witnesses decided to fall sick. Njuba then rises up to make a request.
SN: We have been accused of delaying this case wherever we go and yet it is the state that has failed to produce witnesses. This has very serious implications.
Katutsi: I thought their delay gives your client time to go for campaigns.
SN: That is very kind of you but my Lord. my client had to travel from very far to attend this trial today and only one witness is produced. Before I finish, let the state tell us how many witnesses they intend to produce.
Katutsi: You want him to disclose now?
SN: Yes. (Byabakama murmurs and says he will produce witnesses today.)
Katutsi warns the prosecution to produce witnesses or else he would be inclined to grant a long adjournment. Court resumes today.
BM: My lord, we are appearing as before and we are ready to proceed. I have one witness around, I had lined up three witnesses but unfortunately they cannot appear because they are sick....
Katutsi: Proceed.
BM: What are your full names?
MJ: I am called John Musinguzi, 32, working in the private sector as IT specialist.
BM: What is that?
MJ: Information technology.
BM: Where do you live?
MJ: I live in Rubaga, Kabuusu.
BM: Apart from IT, what do you do?
MJ: Other private things.
BM: Do you know one Joan Kyakuwa?
MJ: Yes.
BM: How do you know her and from when?
MJ: I know her as a friend, I don’t remember since when but must be 1999.
BM: What were you doing then?
MJ: I was working for government with the Special Revenue Police Services.
(Defence Lawyer John Matovu interjects)
Matovu: My lord, under section 4 of the Evidence Act...the evidence of this witness is not relevant...(reads the section of the Act) I have seen the statement of this witness. His statement is that he knows the complainant. In this case there is no question over the identity of the complainant, it is about the alleged rape.
Katutsi: I have not heard the evidence of the witness so I cannot make a ruling. It is until he says something repugnant when I will decide....You want me to do like Amin?
BM: Right, Mr. Musinguzi, you said you were working with SRPS?
Katutsi: I don’t want at the end of this trial to read garbage. Can you please present what is relevant.
BM: Much obliged my lord. Can you tell us the circumstances under which you met her and when.
MJ: I think...
Judge: I don’t entertain thinking...can you be certain.
MJ: I don’t remember the month and the date, I remember only the year 2001. I met Kyakuwa, who I had previously known. She called me and asked that she wants to meet me at around Kabira Club. I met her and she looked scared and sickly.
BM: When you met her what happened?
MJ: She told me she was in big trouble but did not seem comfortable discussing the trouble. She mentioned a story that had been run in the Uganda Confidential about her and her guardian. She said she had been threatened with death and wanted protection and assistance because she was sickly.
BM: After telling you that.
MJ: I tried to get as much information as possible but she couldn’t. She asked me if I could help her see the President. The office in which I worked was under the office of the military assistant to the President.
BM: Who was heading it?
MJ: It was the current Inspector General of Police, Maj. Gen. Kale Kayihura but he was away in the US.
BM: What did you do?
MJ: I tried to help her because she looked desperate. I contacted the Private Secretary to the President.
BM: You contacted the Private Secretary to do what.
MJ: To make for her an appointment to meet the President.
BM: Was it done?
MJ: Yes.
BM: Who informed her?
MJ: Me, my lord.
BM: Do you know if she met the President?
MJ: Yes.
BM: Did you attend the meeting in person?
MJ: I did not personally attend. I only took her to the office of the President.
BM: What did you do after?
MJ: I went back to my work.
BM: That is all.
John Matovu (JM): This witness is irrelevant...
Katutsi: Say one thing, are you cross-examining the witness or not?
Matovu: The witness is irrelevant.
Katutsi: Kyakuwa was here and said she was connected to the President by John Musinguzi, so he is here to state that.
After his short testimony that lasted for not more than 15 minutes, musinguzi is cross-examined by one of the defence lawyers David Mpanga (DM).
DM: In which year were you born?
MJ: 1973.
DM: How old were you in 2001?
MJ: 27 years.
DM: At 27, you were heading the department of audit and finance?
MJ: Yes
DM: To whom were you answerable?
MJ: Head of the unit.
DM: Who was this?
MJ: The current inspector General of Police, Maj. Gen. Kale Kayihura.
DM: In your report line, did you have to report to the President?
MJ: Yes.
DM: Did you know the President before?
MJ: Yes.
DM: Prior to working with SRPS, were you known to the President personally or your family?
MJ: Yes.
DM: Was he known to your family?
MJ: He must be knowing the family because we come from the same county.
DM: When you saw Kyakuwa, did you think of going to Kira Road Police when you met in Ntinda?
MJ: That was not her request because at that time she did not have trust for anyone with her problem apart from the President.
Katutsi: Answer the question. Did you think of Police?
MJ: yes, I did.
DM: Was the President the only person to protect Kyakuwa?
MJ: Yes, because some people who have reported their cases to Police have not been assisted the way they want.
DM: If it was not just for politics, why did you think of going to the President instead of Police?
MJ: She felt secure with her secrets only being told to the President because she was even uncomfortable telling me.
DM: Have you ever met a person with a mental problem?
MJ: Yes.
DM: So you had no way to tell whether she was under illusion of threat:
MJ: Yes.
DM: So when Kyakuwa told you what was happening; off you went to the President. Did you say Kale Kayihura, your boss then, was not around?
MJ: Yes.
DM: So you went over your boss and reported to the President?
MJ: Yes because as head of my department, I was liaising with the President at the time. But for this case, I went through the then Personal Secretary (PS) to the President.
DM: What PS did you liaise with?
MJ: Amelia Kyambadde.
DM: You told us you connected her to the president. How long did it take you? About a week?
MJ: Yes my Lord.
DM: You said you are an IT specialist under the Private Sector. Which Company is this?
MJ: Elite Technologies.
DM: Since when?
MJ: May 2005.
DM: Do you have an Identity Card and can you show it to us?
Musinguzi passes over the ID to the defence team.
DM: When did you make a statement at Police?
MJ: June 28, 2005.
DM: Where?
MJ: At CID headquarters.
DM: Before which Police officer?
MJ: Isabirye.
DM: Was detective Florence Oketcho present?
MJ: No
DM: have you ever met her?
MJ: No.
DM: Who called you to make a statement?
MJ: That gentleman.
DM: That is all I have in cross-examination for this witness.
At this stage, Byabakama tries to re-examine but all the questions are interjected by the defence team and the judge overrules him on all the questions and remains with no question in re-examination at all.
The judge asks him if all his witnesses decided to fall sick. Njuba then rises up to make a request.
SN: We have been accused of delaying this case wherever we go and yet it is the state that has failed to produce witnesses. This has very serious implications.
Katutsi: I thought their delay gives your client time to go for campaigns.
SN: That is very kind of you but my Lord. my client had to travel from very far to attend this trial today and only one witness is produced. Before I finish, let the state tell us how many witnesses they intend to produce.
Katutsi: You want him to disclose now?
SN: Yes. (Byabakama murmurs and says he will produce witnesses today.)
Katutsi warns the prosecution to produce witnesses or else he would be inclined to grant a long adjournment. Court resumes today.