Policeman admits to lying in Besigye trial

Kampala-Lawyers representing jailed Opposition leader Kizza Besigye yesterday grilled a police officer in the case in which the former Forum for Democratic Change (FDC) presidential candidate is accused of disobeying lawful orders before the Magistrate’s court at Kasangati.
Mr Brian Mark Omwito, 33, was the third witness in the hearing. He said he works with the police intelligence gathering unit and that on April 5, he captured on video the events between Kalerwe and Mulago round about in Kampala, during which prosecution alleges Dr Besigye disobeyed lawful orders from a police officer.
Prosecution alleges that Dr Besigye “willfully” disobeyed orders issued to him by Mr Daniel Bamuzibire, a senior superintendent of police, to take Yusuf Lule Road instead of driving towards Wandegeya from Mulago round about. Dr Besigye was going to FDC party headquarters in Najjanankumbi on Entebbe Road for the weekly prayers, which was a form of protest against the February general elections, which the party insists Dr Besigye, and not President Museveni, won.
A video clip was played in court and Mr Brian Omwito (BO), a police intelligence officer, was cross-examined about it by Dr Besigye’s lawyers – Mr Ernest Kalibbala and Mr Fredrick Mpanga, both of AF Mpanga Advocates. Below are excerpts of the cross examination.
At 8am on April 5th, my commander summoned me and said to me that they had allowed Col Besigye to go to their office (FDC offices at Najjanankumbi) to hold prayers. He told me Col Besigye was not supposed to move with a crowd of people and had to follow the route from Kalerwe, Kubbiri, Mulago round about, Yusuf Lule Road, Mukwano round about to Najjanankumbi. At 9.47am, while at Kalerwe, we saw Dr Besigye coming and proceeding to Najjanankumbi with a crowd of people. We went there to stop the people. He was standing on the roof of his vehicle, waving the V-sign. From Kalerwe, commander Bamuzibire directed him where to pass – Kubbiri, Mulago round about, Yusuf Lule road, Mukwano round about to Najjanankumbi. The people who were following him were blocked at Kalerwe.
When we reached Kubbiri, he (Beisgye) wanted to drive to Wandegeya instead of going to Mulago round about. He was blocked and he took the direction of Mulago round about. He then wanted to use the road going to Wandegeya from Mulago round about. He was ordered to drive through Yusuf Lule Road. He then gave his driver instructions to stop in the middle of the road.
Commander Bamuzibire then went to him and told him: “Doctor, use Yusuf Lule Road, Mukwano round about, then connect to Najjanankumbi.” Then doctor asked him: “Do you know where I am going?” Then Afande Bamuzibire told him: “I don’t need to know where you are going.”
Then the crowd was gathering as Dr Besigye parked in the middle of the road until his vehicle was towed to Kiira Road (police station).
Cross-examination by Ernest Kalibbala (EK), Frederick Mpanga (FM) Besigye’s lawyer; witness Brian Omwito (BO), a police intelligence officer.
EK: You said people don’t want to see police uniform. Why is that so?
BO: Because when you are on duty, they normally stone policemen in uniform.
EK: Have you ever been stoned on duty?
BO: No. They stoned my colleague.
EK: Is your colleague who was stoned here in court?
BO: No, he died.
EK: On that day, was there stoning of policemen?
BO: Yes.
EK: Where was the stoning?
BO: Kubbiri.
EK: Was that stoning ordered by Dr Besigye?
BO: No.
EK: Did you see or hear him asking anyone to stone policemen?
BO: No.
EK: What law is violated by someone in his vehicle on his way to church?
BO: Keeps quiet.
EK: You don’t know because there is no law.
Magistrate: Is there a law?
BO: No.
EK: Is there a law that bars people from giving him (Besigye) money? (In the video, Besigye is seen receiving money from people).
BO: No.
EK: Is there a law which bars people from expressing joy when they see him?
BO: There is no law.
EK: Is there a law that bars him from raising the two fingers (V-sign)?
BO: No law.
EK: Is there a law that bars Dr Besigye from going to Kubbiri, Mulago, Mulago round about, Wandegeya, city centre or any other place?
BO: No.
EK: What exact words did the accused say at the end of the video? (Asks for the video to be replayed).
BO: “They have closed this one again (Yusuf Lule Road). How do they expect me to get to town?
EK: What was in front of his car? (Besigye’s car was now facing the direction of Yusuf Lule Road)
BO: Policemen.
EK: How many were they?
BO: I am not sure; I think about 12.
EK: What was their formation?
BO: Single line or extended formation.
EK: What is the purpose of this formation?
BO: To block someone from proceeding.
EK: Why wasn’t it possible for the vehicle to proceed on Yusuf Lule Road?
BO: Because he had refused to move and blocked other vehicles.
EK: If the vehicle had moved towards Yusuf Lule Road, what would have happened to the police officers in front?
BO: It would have knocked them.
EK: Is it an offense to knock someone?
BO: Yes.
EK: Is it also an offense to knock a police officer on duty?
BO: Yes.
EK: Do you agree that it was a reasonable decision not to drive into those police officers in the direction of Yusuf Lule Road?
BO: Yes.
EK: In your recording, is it captured that any order was issued to Dr Besigye between Kalerwe and Kubbiri?
BO: No.
EK: You have testified that Dr Besigye told the driver not to move. Is this captured in your video?
BO: No.
EK: Did you enter Dr Besigye’s vehicle?
BO: No.
EK: Do you agree that if he had given any such directive to his driver, you would have heard it from outside?
BO: I would have…
EK: In your video, is there anywhere where SSP Bamuzibire talks to the driver?
BO: No.
EK: So, your testimony was that the driver moved because of the threat to issue him with a ticket is actually false?
BO: But he moved.
EK: In which direction did he move?
BO: Yusuf Lule Road.
EK: Is that the direction you said Afande Bamuzibire said he should use to get to Mukwano round about and then Najjanankumbi?
BO: Yes.
EK asks for a clip of the video to be played. A clip is played where Mr Bamuzibire tells Dr Besigye to move to Yusuf Lule Road and Dr Besigye retorts: ‘Do you know where I am going?’
EK: Please repeat to us the route Afande Bamuzibire said should be used?
BO: From Kalerwe, Kubbiri, Mulago round about, Yusuf Lule Road, Mukwano round about to Najjanankumbi.
EK: And you agree that the vehicle was stopped at the beginning of Yusuf Lule Road?
BO: Yes.
EK: In your experience of seven years as a police officer, if an order is complied with in five minutes, is there a problem?
BO: Yes. In the Forces, an order should take one minute (to be complied with).
EK: Which law says an order must be complied with within a minute?
BO: No law.
EK: Confirm that there is no law which says an order must be complied with within five minutes.
BO: No law.
EK: So if there is no law that stipulates the time within which an order should be complied with, at what moment did he disobey the order?
BO: When he stopped the vehicle at Mulago round about.
EK: Were you standing in front of his vehicle?
BO: I was standing aside covering (capturing events on video).
EK: So you didn’t know what was happening in front of his vehicle; you didn’t know that police officers were standing in front of his vehicle?
BO: No.
EK: Have you ever testified in a case before?
BO: No.
EK: How long have you been part of the evidence gathering team?
BO: Since 2012.
EK: You have been performing your duties regularly?
BO: Yes.
EK: What type of cases have you been gathering evidence about in the past?
BO: This is the first case.
EK: Your experience is limited to this one case?
BO: Yes.
EK: When was the camera you used assigned to you?
BO: March 18, 2016.
EK: Between that date and April 5 (when he captured the video) did you use it at all?
BO: No.
EK: Do you know its capabilities?
BO: I don’t.
EK: When you were recording on April 5, did you set the date and time when the recording was taken?
BO: It is automatic.
EK: Would you be able to see the date and time if we played back the video?
BO: No.
EK: So it doesn’t automatically set the date and time?
BO: It’s automatic.
EK: So why doesn’t it show the date and time as the video plays?
BO: Because the video was transferred from the camera to the CD.
EK: So you agree that what you have demonstrated here is different from what you recorded?
BO: I can’t answer that.
Magistrate: No you have to answer.
EK: Do you agree with me that what you recorded is different from what you have exhibited here?

Here Prosecutor intervenes: The Defence is going into technical aspects which can only be answered by the IT technical person, who will be the next witness. Magistrate asks the witness to answer the question since he captured the video himself. Witness maintains that what was exhibited in court is what he recorded.

EK: What is your level of education?
BO: S.4.
Ek: Which year did you sit for S.4?
BO: 2002.
EK: Where did you do your S.4 from?
BO: Katakwi High School.
EK: Can you confirm that Dr Besigye was not driving that vehicle?
BO: He was not driving.
EK: And you can confirm he is the only person accused in this case?
BO: Yes.
EK: In your video, do you capture anywhere where Dr Besigye says to the ‘don’t move?’
BO: No.
Ernest Kalibbala resumes his seat, Frederick Mpanga (FM), Dr Besigye’s other lawyer, continues the cross-examination.
FM turns to the statement Brian Omwito signed at the Central Police Station about the case.
FM: Confirm that you wrote (in the statement) that Dr Besigye was directed to use Yusuf Lule Road
BO: Yes.
FM: Confirm also that you wrote that he was ‘directed’ and not ‘ordered’ to use Yusuf Lule Road.
BO: Yes.
FM: And “he” in this case is not the driver?
BO: Not the driver.
FM: You said his supporters started stoning police officers. You recorded that?
BO: Yes.
FM: Please confirm that in your video, there is no clip showing any stone being thrown.
BO: There is no such clip.
FM: Reading from BO’s statement: ‘I was covering the whole incident from Kalerwe up to Mulago round about when the vehicle was towed.’ Confirm that this is your statement.
BO: Yes.
FM: Your statement says you covered the whole incident – stoning of police officers, towing the vehicle, dispersing the crowd. These particulars are missing in the video. You agree?
BO: Yes.
FM: So what you exhibited here is not the actual facts of what transpired. So is the video edited?
BO: No, it is not edited.
FM: So if the video contains what transpired, then this statement contains lies. One of them must be the truth. Am I correct?
BO: Yes.
FM: Please then confirm that the video is edited since it doesn’t capture everything.
BO: No (it is not edited).
FM: If the video is not edited, then your claims that the crowd was throwing stones, the vehicle was towed and the crowd dispersed were all lies.
BO: Yes.
Magistrate: “I was telling lies!” (laughs).
FM: Having confirmed that you were telling lies, you were also stating lies in your statement when you said that you were covering the whole incident in the video?
BO: Yes.
FM: You were recording a live event. You were therefore recording events as they unfolded. The events as they were happening did not take seven minutes and 42 seconds (the length of the video). They took longer. How long did they take from Kalerwe until the vehicle was towed away at Mulago round about?
BO: Something like an hour.
FM: The how long does it take from Kalerwe round-about to Kubbiri?
BO: Something like 20 minutes.
FM: Please confirm that the incident from Kalerwe to Mulago roundabout takes 44 seconds in the video.
BO: Yes.
FM: Listen to the video from zero to the tenth second. Do you realise that there is no music?
BO: Yes.
FM: Do you realise that music crops up suddenly afterwards?
BO: Yes.
FM: Do you realise that from the 11th to the 19th second, there is total silence in the video?
BO: Yes.
FM: Did you record any incident on the day where the crowd was totally silent?
BO: Yes.
FM: So your evidence is that with that entire crowd, there was no noise at all at that moment?
BO: No noise.
FM: From the 11th to 19th second, everyone in Kalerwe market was quiet?
BO: No.
FM: So that version which has silence is not what you recorded?
BO: Yes (it is what I recorded.)
FM: So in the version you recorded, everyone is quiet?
BO: No.
FM: The recording has parts without sound, unlike what you recorded. Am I right?
BO: Yes.
FM: Did you submit a copy which had sound?
BO: Yes.
FM: So what you recorded and what has been presented here are not the same because yours had sound.
BO: Yes.
FM: Please confirm that the vehicle is facing Yusuf Lule Road and SSP Bamuzibire ordered the shield men to block it.
BO: Yes.
FM: So confirm that SSP Bamuzibire made a directive for the accused to go to Yusuf Lule Road and while there the same Bamuzibire ordered to block him.
BO: Yes.
FM: Effectively, the vehicle occupants could not go anywhere because they were blocked?
BO: Yes.
Magistrate: In the video, there is some music and people are dancing. What is the source of that music? Where was the music coming from?
BO: I don’t know.
Magistrate adjourns hearing to July 1.