Witnesses in Kayihura torture case withdraw

Left to Right: Some of the witnesses, Joseph Kaddu, Andrew Sebitosi and Rogers Ddiba talk to journalists at Makerere University, Kampala yesterday. PHOTO BY ANDREW BAGALA

What you need to know:

The reason. The four witnesses claim they were bribed by the private prosecutors to testify.

KAMPALA. Three witnesses in a private criminal prosecution case against the Inspector General of Police, Gen Kale Kayihura, and seven other senior officers have pulled out claiming they were bribed to swear affidavits implicating the police officers.

Mr Andrew Sebitosi, Mr Rogers Ddiba and Mr Joseph Kaddu, are part of the five witnesses that swore affidavits claiming they were tortured by police officers who were dispersing supporters of Opposition leader, Dr Kizza Besigye, last month.

It is these affidavits that were used by private prosecutors to sue Gen Kayihura along with Mr Andrew Kaggwa, the former Kampala Metropolitan Police (KMP) South commander, Mr Samuel Bamuzibire, the former KMP Field Force Unit commander, Mr Patrick Muhumuza, and Mr Moses Nanoka, the former Wandegeya Division commander, for torture in Makindye Chief Magistrate’s Court.

The other officers sued are Mr James Ruhweza, the KMP operations commander, Mr Wesley Nganizi, the former KMP North commander, and Mr Geoffrey Kaheebwa, the former KMP South deputy commander.

Gen Kayihura and his officers were summoned through the press and are expected to appear at Makindye Chief Magistrate’s Court today. The Police on Monday were adamant that the IGP will not appear in court because he had not been served the court summons despite having been served through a substituted service (the media).

In a press briefing yesterday at Makerere University, the three witnesses said the lawyers prosecuting the case bribed each of them with Shs800,000 and they were promised Shs5m after testifying in the case.
Mr Kaddu, a boda boda rider, said he was bribed by the lawyers before he swore an affidavit, an allegation the private prosecutors deny.

“It is Daniel Walyemera (lawyer) who gave us the money. I can’t be party to the case against Gen Kayihura who has done good things for this country. I love my country and I can’t do that,” Mr Kaddu said.
Mr Walyemera is supposed to lead a team of lawyers to prosecute Gen Kayihura and his officers for alleged torture of Opposition supporters.

Mr Sebitosi said during their interaction with the lawyers, they discovered that senior military officers, a clique of Cabinet ministers and Opposition leaders were behind the ploy to soil Gen Kayihura’s name.
He said he met the ministers and military officers, but declined to reveal names for security reasons.
Mr Walyemera brushed off the three witnesses’ allegations.

“Let them prove that they were bribed. I have letters signed by them instructing me to proceed with legal action. Just ask them whether it is me who signed those letters,” Mr Walyemera said.
Mr Walyemera also made counter-accusations that the witnesses could have been bought off by the accused persons to fail the case.

“They can’t kill the case. They should go and read the Anti-Torture Act again. It states that someone else can sue on behalf of the tortured victim. I have affidavits of the torture victims. I am going to swear an affidavit that I am suing on their behalf. The case isn’t dead yet,” Mr Walyemera said.

Besigye to witness Kayihura in dock today

Former Forum for Democratic Change presidential candidate, Dr Kizza Besigye, has said he will personally be present at Makindye Chief Magistrate’s Court this morning to witness Gen Kale Kayihura, his alleged tormentor, as he takes to the dock to answer to torture charges resulting from the beating of Opposition supporters when Dr Besigye was released from jail last month. Dr Besigye has also called upon Ugandans who want justice to prevail to storm Makindye Court and witness this historic moment of a hunter being hunted.

The former FDC presidential flag bearer made the call yesterday morning as he re-appeared before the High Court, Criminal Division in Kampala to have his bail extended in honour of his bail term conditions in the treason case. High Court Registrar Mary Eleanor Khainza extended the Opposition leader’s bail to August 23. “ Yes, I will be in Makindye court tomorrow (today) to witness Kayihura step into the dock so that he knows when he is acting illegally, he can also come in the same court dock…” Dr Besigye told journalists at High Court

By Anthony Wesaka