DPP Drops charges against Besigye

DPP Drops charges against Besigye
Wednesday, 13th July, 2011
By Pascal Kwesiga THE state yesterday withdrew charges of inciting violence against FDC president Dr. Kizza Besigye. Kasangati Magistrates’ Court announced that it was staying proceedings against the opposition leader on allegations of staging unlawful assembly. State prosecutor Ivan Nkwasibwe told Besigye, who appeared before Kasangati grade one magistrate George William Watyekere, that the Director of Public Prosecutions (DPP) had dropped the charges. He, however, declined to say why the DPP had dropped the charges against Besigye and seven others including Sam Mugumya, Robert Kavuma, Geoffrey Kalanzi, Harald Kaija, Martin Byamukama, Francis Twijukye and Fred Kato. The magistrate told Besigye that he would not be tried for holding unlawful assembly until the Constitutional Court rules on the legality of the charges. This came after Besigye’s lawyer, Ernest Kalibbala, filed a petition in the Constitutional Court challenging the legality of trying his client on charges of staging unlawful assembly. Kalibbala said trying Besigye on the offence violates several constitutional provisions. He asked court to defer proceedings until the Constitutional Court pronounces itself on the petition. The charges arose during the walk-to-work protests staged by the opposition against the high cost of living. Besigye told journalists that the decision to drop the charges had been taken after violating his constitutional rights. “I have always said the DPP uses his office to oppress the opposition. This case should not have come to court because I have never committed this crime,” he said. Besigye said dragging someone to court on charges that cannot be sustained was a violation of human rights. The FDC leader said he would consult his lawyers on the next action against the Government. “It is the Government that is engaged in crime by stealing public funds of the suffering Ugandans. If this was not the problem, no one would be against them,” he added. Besigye explained that they want the Constitutional Court to drop laws against unlawful assembly from the books of law because they are not provided for in the Constitution.