We have evidence on Besigye -DPP
Oct 13, 2010
THE Director of Public Prosecutions (DPP), Richard Butera, has said they have enough evidence to pin Col. Kizza Besigye and his co-accused on charges of treason and terrorism.
By Milton Olupot
THE Director of Public Prosecutions (DPP), Richard Butera, has said they have enough evidence to pin Col. Kizza Besigye and his co-accused on charges of treason and terrorism.
The Constitutional Court on Tuesday stopped the treason and terrorism cases against Besigye and his co-accused in the High Court and in the General Court Martial.
In a unanimous ruling, the court also ordered that the Bushenyi and Arua murder cases against Besigye’s co-accused be stopped.
This followed a petition filed in the Constitutional Court by Besigye, challenging their trial in the High Court and in the Court Martial.
Speaking to journalists after the ruling on Tuesday, Besigye criticised the DPP for allowing the cases to go to court.
“If we had a good DPP, these cases would not have come to court at all,†Besigye said.
Butera, however, yesterday scoffed at Besigye’s assertions.
“No criminal cases have been concocted against Besigye. All charges brought against him are based on the evidence assembled by the Police. The evidence has been studied and found in our view to be sufficient to warrant his prosecution,†Butera said.
The DPP said the fact that the Constitutional Court had discharged Besigye and others from prosecution did not mean that there was no evidence in support of the charges.
“The petition in the Constitutional Court was not dealing with the merit of the case, and the discharge of the petitioners should not be confused for an acquittal for lack of evidence,†he noted.
According to the ruling, the Constitutional Court considered, whether the security personnel’s conduct contravened the Constitution, if murder charges in Bushenyi and Arua contravened the Constitution and whether the cumulative effect of the conduct of the state towards the Judiciary and the petitioners in the matter connected with the treason trial contravened the Constitution.
“This court cannot sanction any continued prosecution of the petitioners where during the proceedings, the human rights of the petitioners have been violated. No matter how strong the evidence against them may be, no fair trial can be achieved and any subsequent trials would be a waste of time and an abuse of court process,†the judges said.
Butera said he was in consultation with the Attorney General to determine whether to appeal against the ruling in the Supreme Court. “The Attorney General is the respondent in this case and he is studying the ruling. For now, we comply with the orders of the court until he determines the way forward.â€
Butera observed that the rape case against Besigye the trial judge found that Besigye had a case to answer.
“This supports the case for the prosecution that there was evidence gathered by the Police that in fact implicated Besigye.â€
Butera said in the treason case, the prosecution had not been able to tender all the evidence in support of the charges before the trial judge. The trial was halted when the petition was filed in the Constitutional Court.
“The treason case has, therefore, not been heard on its merits. It is only where a case has been heard by a trial court and when witnesses have testified and been cross-examined that a conclusion can be made on whether evidence was reliable,
THE Director of Public Prosecutions (DPP), Richard Butera, has said they have enough evidence to pin Col. Kizza Besigye and his co-accused on charges of treason and terrorism.
The Constitutional Court on Tuesday stopped the treason and terrorism cases against Besigye and his co-accused in the High Court and in the General Court Martial.
In a unanimous ruling, the court also ordered that the Bushenyi and Arua murder cases against Besigye’s co-accused be stopped.
This followed a petition filed in the Constitutional Court by Besigye, challenging their trial in the High Court and in the Court Martial.
Speaking to journalists after the ruling on Tuesday, Besigye criticised the DPP for allowing the cases to go to court.
“If we had a good DPP, these cases would not have come to court at all,†Besigye said.
Butera, however, yesterday scoffed at Besigye’s assertions.
“No criminal cases have been concocted against Besigye. All charges brought against him are based on the evidence assembled by the Police. The evidence has been studied and found in our view to be sufficient to warrant his prosecution,†Butera said.
The DPP said the fact that the Constitutional Court had discharged Besigye and others from prosecution did not mean that there was no evidence in support of the charges.
“The petition in the Constitutional Court was not dealing with the merit of the case, and the discharge of the petitioners should not be confused for an acquittal for lack of evidence,†he noted.
According to the ruling, the Constitutional Court considered, whether the security personnel’s conduct contravened the Constitution, if murder charges in Bushenyi and Arua contravened the Constitution and whether the cumulative effect of the conduct of the state towards the Judiciary and the petitioners in the matter connected with the treason trial contravened the Constitution.
“This court cannot sanction any continued prosecution of the petitioners where during the proceedings, the human rights of the petitioners have been violated. No matter how strong the evidence against them may be, no fair trial can be achieved and any subsequent trials would be a waste of time and an abuse of court process,†the judges said.
Butera said he was in consultation with the Attorney General to determine whether to appeal against the ruling in the Supreme Court. “The Attorney General is the respondent in this case and he is studying the ruling. For now, we comply with the orders of the court until he determines the way forward.â€
Butera observed that the rape case against Besigye the trial judge found that Besigye had a case to answer.
“This supports the case for the prosecution that there was evidence gathered by the Police that in fact implicated Besigye.â€
Butera said in the treason case, the prosecution had not been able to tender all the evidence in support of the charges before the trial judge. The trial was halted when the petition was filed in the Constitutional Court.
“The treason case has, therefore, not been heard on its merits. It is only where a case has been heard by a trial court and when witnesses have testified and been cross-examined that a conclusion can be made on whether evidence was reliable,