State Prosecutor Richard Birivubuka struggled before Justice Emmanuel Baguma of the Criminal Division of the High Court to defend the evidences and submissions made by Captain Denis Oola of the Uganda People’s Defence Forces (UPDF) challenging his ongoing criminal trial on charges related to treason together with opposition strongman Dr Kizza Besigye and his political assistant Al-Hajji Obed Lutale Kamulegeya
On Wednesday, after Dr Besigye personally pleaded to Justice Baguma to recuse himself from his trial on grounds of being biased against him and other co-accused.
Besigye noted that it is the reason why they dragged him before Uganda Judicial Services Commission to be investigated.
He added that him and co-accused are being prosecuted in a wrong court adding that Nakawa Chief Magistrates Court Committed him to the Crimes War Division of the High Court not Criminal Division of the High Court where he is currently being trial from.
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Besigye further protested his trial insisting that the law was not properly followed when he was transported from Kenya where he claims he was kidnapped from, charged before the military court before being transferred to the civilian court.
Besigye was the one who told Court that his co-accused Captain Oola also has issues to address before Court.
When he was given the opportunity, he told Court that the charge sheet which the State is basing on the prosecute him is defective.
“My lord, my name is Denis Oola Oya not Denis Oola as indicated on the charge sheet, this is my national identity card. Secondly, I am 43 years old not 48 years old as the prosecution claims on the charge sheet,” Oola submit
He added that he is very sure that there is another person who might have committed the crimes which the State slapped on him but they don’t want to be prosecuted.
He divulged that the ongoing prosecution violates his human rights as a person.
Even though Birivumbuka boasted that what Oola was complaining about is a small mistake which can be corrected by the State and the trial continues, Oola’s lawyer Maj Nsubuga Busagwa submitted that Birivumbuka was misleading the Judge noting that the issues raised by his client are fundamental and should be examined by the judge before the matter proceeds.
In a related development, Captain Oola has also filed an application seeking to be released on bail. However, the judge said that his application and that of Besigye and Lutale will be handled once he makes his ruling on their applications.
Kira Municipality legislator Ibrahim Ssemujju Nganda claims that Col Sam Engola a former minister in president Museveni’s government told him that he was shocked to see Oola on Besigye’s file noting that he was on the same file with one of his relative and the trial of the relative is pending before the military Court because the Court wanted to first handle Besigye’s file.
State claims that Dr Besigye and his co-accused together with others at large were planning to assassinate President Museveni, poison top government officials and illegally takeover power.
All the accused persons denied the allegations slapped on them even though President Museveni boasted that he has evidence pinning them.
Gen Muhoozi Kainerugaba assured the public through his alleged X handle that Besigye will be killed by firing squad on a big tree in Gulu city.
