Jailed NUP supporters' lawyers, state clash over prosecution witness protection

Lawyers of thirty-one opposition National Unity Platform (NUP) party supporters currently on remand at Kitalya Prison on charges of unlawful possession of 13 pieces of explosive devices Tuesday clashed with the state over the protection of witnesses.

The suspects appeared before the Makindye based General Court Martial chaired by Brig Gen Freeman Mugabe- which heard that the state witnesses are being threatened and intimidated.

Prosecution led by Lt Gift Mubehamwe told court that state witnesses have been attacked as he presented photocopies of pictures from microblogging app, twitter.

“We are seeking witness protection in the interest of justice. Some of the pictures showing witnesses and their children and where they stay are being profiled and this has greatly affected us as they do not want to come to court,” Lt Mubehamwe said.

However, defence lawyers led by George Musisi, objected the state’s submission and the manner in which the application for the witness protection was made.

“Court should not look at the photos presented. We do not know if the state is testifying. We do not know where the photos are coming from and their actual author. It was last year in May when the court last heard the first witness which was done in closed doors,” Mr Musisi said.

He added: “For two years now, these people have been in custody. The state has failed to fully disclose the evidence they are going to use against the accused persons which is a requirement despite the court ordering the state to do so.”

Mr Musisi further told court that the witnesses being talked about are not known to any of them thus “the court should not be turned into a comedy store by the state.”

Brig Gen Mugabe also concurred with the defence lawyer’s submission and ordered the state to formally file its application for witness protection which will be heard on February 28. Court also set application for bail hearing for March 6.

Prosecution alleges that between November 2020 and May 12, 2021, in diverse areas of Jinja, Mbale, Kireka, Nakulabye, Kawempe, Nateete and Kampala Central, the accused were in possession of 13 pieces of explosive devices which are ordinarily a monopoly of the defence forces.

The group was arrested in Kalangala District while on the campaign trail of then presidential candidate Robert Kyagulanyi, aka Bobi Wine.

They face charges of being in unlawful possession of ammunition contrary to Section 3 (1) and (2) of the Firearms Act.