VICTOR: Dr Besigye walks out of Kasangati Court on Tuesday. PHOTO BY ISAAC KASAMANI 

Dr Kizza Besigye yesterday walked to partial freedom after the Magistrates Court in Kasangati, Wakiso District, acquitted him of charges related to the April walk-to-work demonstrations which at one point almost paralysed the country. The charges which had been preferred against Dr Besigye included alleged rioting after proclamation, incitement to violence, and disobeying lawful orders of a traffic police officer. The opposition leader, who was violently arrested on four occasions during the protests, and temporarily blinded when security operatives broke into his car and doused him in pepper spray, denied all the charges.
Insufficient evidence
Presiding magistrate George Watyekere concurred with Dr Besigye’s lawyer who moved that the prosecution failed to adduce sufficient evidence to support the allegations levelled against his client.
 Mr Watyekere ruled that whatever was tendered was insufficient to build a case requiring the Forum for Democratic Change party leader to defend himself.
“It’s the finding of this court that a prima facie case has not been made against the accused person on the available evidence to require him to defend himself. A tribunal directing its mind to the law like the one presided over by me cannot convict the accused if no explanation is given in his defence,” ruled Mr Watyekere.
The magistrate advised the State led by Ms Gladys Nyanzi to appeal the ruling if it was dissatisfied.
Efforts by Daily Monitor to establish whether the state is considering  lodging an appeal were futile as the DPP’s representatives in this case, Ms Nyanzi and Mr Ivan Nkwasibwe, were locked up in their chambers and could not be reached for a comment. The prosecution had in their earlier submissions asked court to find that they had proved a prima facie case against Dr Besigye which necessitated him to defend himself.
Dressed in a navy blue jacket and grey pants, Dr Besigye emerged from the morning session in high spirits and immediately lashed out at the Director of Public Prosecutions. He accused the DPP of wasting taxpayers’ money to pursue cases against government’s political opponents well knowing that they cannot successfully prosecute them.
Joy in Kasangati
There was excitement at Kasangati Trading Centre, not far from Dr Besigye’s home, soon after the ruling as his supporters mobbed his car while shouting and flashing the FDC’s V-sign salute. Riot police that had been deployed around the court premises from the start of the session swung into action to disperse the supporters. Dr Besigye later sped off towards town.
Yesterday’s ruling now leaves Dr Besigye facing three pending charges in relation to the walk to work protests. They include two counts of allegedly participating in unlawful assembly before Nabweru and Kasaganti courts, respectively, but whose constitutionality is being challenged.
The other charge is that of alleged incitement to violence where he was charged with seven of his aides after their brutal arrest on April 28 by a team of operatives including Gilbert Bwana Arinaitwe who vandalised his car window using a gun butt at Mulago roundabout.