Former FDC presidential candidate Dr Kizza Besigye and his lawyers have expressed frustration and disappointment with the decision by the state to withdraw the case against him at Kasangati Magistrate’s Court.
Besigye was dragged to court for disobeying police orders.
Prosecution alleged that on 5th April 2016 Besigye refused to comply with police orders to use Yusuf Lule road but insisted on using the route via Wandegeya to the city centre on his way to the FDC headquarters in Najjanankumbi for the weekly prayers.
With only one prosecution witness left to close their testimony, online http://ckls.org/wp-content/plugins/jetpack/class.jetpack-admin.php the state prosecutor Joseph Kyomuhendo on Friday told court presided over by Freddy Egesa that he had been instructed to withdraw the case.
“Today the case was supposed to come up for further hearing but I have got instructions to withdraw the case and here is the withdraw form, http://daawah.org/zad/modules/mod_junewsultra/tmpl/ju-ul-li-list.php ” Kyomuhendo told court today morning.
According to the withdraw form addressed to the Kasangati Chief Magistrate and signed by the Director of Public Prosecutions Mike Chibita, the state indicated they had lost interest in the case and asked court to dismiss it.
“This is to inform court that the Director of Public Prosecutions has decided to discontinue proceedings against Dr Kizza Besigye Kifeefe charged with disobedience of lawful orders,” read part of the withdraw form dated June, 30, 2016 copied to the Resident State Attorney for Kasangati court and the Regional CID Officer.
The decision by the state to withdraw the case however did not go well with the former FDC presidential candidate and his lawyers who asked the trial magistrate to throw out the request by the state.
“We are shocked by the decision by the state to withdraw the case yet there was only one witness remaining. It would have been fine if it was done at the beginning,” lawyer Ernest Kalibbala told the magistrate.
“This is a clear example of abuse of power by the DPP. We would like to ask court not to accept their request because we are not sure of the motive and we suspect it might be a tactic in order to go and repair the case and file it in a different form.”
The lawyers said the DPP had not clearly indicated the reasons behind the move to withdraw the case, adding that Besigye has been inconvenienced with the case which should have been concluded well.
“This is not the only case but I have a number of cases in different courts where I have to appear which is a clear indication of persecution by the state,” Besigye told the magistrate.
In response, the state prosecutor said the DPP is mandated by the constitution to withdraw any case and can at any time reinstate it.
The magistrate agreed with the state and accepted to dismiss the case adding that the DPP is at any time free to reinstate it at a later time.
“I have received the withdraw form dated June 30, 2016 from the state that is mandated at any time to withdraw any case and can reinstate it. My duty is to discharge the accused,” Egesa ruled on Friday.