Uganda judge clears opposition leader of rape

KAMPALA – A Ugandan judge dismissed rape charges against the east African country’s top opposition leader yesterday, saying prosecutors had “dismally” failed to prove he attacked a family friend nine years ago.

Kizza Besigye, the 49-year-old head of the Forum for Democratic Change (FDC) party, is also charged with treason and terrorism. He says his trials were designed to sideline him ahead of Feb.23 polls that he lost to President Yoweri Museveni.In a separate case, FDC lawyers were challenging the election results in the Supreme Court later on Tuesday.But in Besigye’s first legal victory against the state, Judge John Bosco Katutsi was scathing about government attempts to have him convicted of rape.”The prosecution has dismally failed to prove its case against the accused, and he is accordingly set free,” Katutsi said to cheers from FDC supporters gathered at the High Court.The judge highlighted what he called “major conflicts” in the testimony of the alleged victim, Joanita Kyakuwa, who by her own admission returned to Besigye’s home several times after the alleged attack to have sex with him.”I invite field activists to tell us if these are the actions of a girl who has been raped,” Katutsi told the court.He also slammed the police probe into the incident.”The investigations …were crude and amateurish.They betrayed the intentions behind the case,” the judge concluded.Besigye’s lawyers had denounced the charges as “a fabrication from beginning to last”.Speaking to reporters outside court after the verdict, Besigye said Museveni’s role in the proceedings against him had been “unprecedented” and “crystal clear”.”I am very happy that another case of abuse of the legal process has been disposed of,” Besigye said.”I am especially grateful to my wife, Winnie, for courageously enduring the assault to her cherished privacy and dignity.”He said the charges had succeeded in their aim of compromising his ability to campaign before the election and that he would seek legal redress for a case that had a “serious adverse effect” on himself, his family and the FDC.Any damages won from the state would be donated to charities that combat violence against women, he added.Besigye was Museveni’s doctor and ally before becoming his main political challenger at polls in 2001, when he lost and fled into exile.But he was arrested in November, less than three weeks after returning home to run again.He immediately rejected the results of last month’s election – giving Museveni 59 per cent to his 37 per cent – claiming widespread rigging, bribery and voter intimidation.- Nampa-ReutersHe says his trials were designed to sideline him ahead of Feb.23 polls that he lost to President Yoweri Museveni.In a separate case, FDC lawyers were challenging the election results in the Supreme Court later on Tuesday.But in Besigye’s first legal victory against the state, Judge John Bosco Katutsi was scathing about government attempts to have him convicted of rape.”The prosecution has dismally failed to prove its case against the accused, and he is accordingly set free,” Katutsi said to cheers from FDC supporters gathered at the High Court.The judge highlighted what he called “major conflicts” in the testimony of the alleged victim, Joanita Kyakuwa, who by her own admission returned to Besigye’s home several times after the alleged attack to have sex with him.”I invite field activists to tell us if these are the actions of a girl who has been raped,” Katutsi told the court.He also slammed the police probe into the incident.”The investigations …were crude and amateurish.They betrayed the intentions behind the case,” the judge concluded.Besigye’s lawyers had denounced the charges as “a fabrication from beginning to last”.Speaking to reporters outside court after the verdict, Besigye said Museveni’s role in the proceedings against him had been “unprecedented” and “crystal clear”.”I am very happy that another case of abuse of the legal process has been disposed of,” Besigye said.”I am especially grateful to my wife, Winnie, for courageously enduring the assault to her cherished privacy and dignity.”He said the charges had succeeded in their aim of compromising his ability to campaign before the election and that he would seek legal redress for a case that had a “serious adverse effect” on himself, his family and the FDC.Any damages won from the state would be donated to charities that combat violence against women, he added.Besigye was Museveni’s doctor and ally before becoming his main political challenger at polls in 2001, when he lost and fled into exile.But he was arrested in November, less than three weeks after returning home to run again.He immediately rejected the results of last month’s election – giving Museveni 59 per cent to his 37 per cent – claiming widespread rigging, bribery and voter intimidation.- Nampa-Reuters

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