High Court on Friday dismissed the Director of Public Prosecutions’ application challenging the Kasangati magistrate’s decision to recall the file of this case in which Kizza Besigye challenges his unlawful detention by police.
In her ruling, Justice Elizabeth Kabanda directed that the file be returned to Kasangati court so the hearing of the case can start.
Commenting on the ruling, Besigye said anybody who is against a dictatorship should be able to lose his liberty.
“The ruling we are seeking is to order that we are freed, that my home is not a prison.”
FDC in a statement said the Lady Justice Kabanda found that although the Magistrate had made errors in calling the file early and dismissing the case and then reinstating it in calling the file early and dismissing the case and then reinstating it.
“The errors were administrative and neither went to the merits of the case nor occasioned any miscarriage of justice.”
The Lady Justice has directed that the file be expeditiously returned to the Kasangati Court and be dealt with expeditiously on its merits.
The Magistrate’s Court, Kasangati, will fix the next date for the hearing.
The Inspector General of police Kale Kayihura had earlier directed police to leave Besigye’s home.
His lawyer, Mr. David Mpanga said whether the police go or stay, Besigye will continue to pursue them in the courts of law.
“What has happened today doesn’t take away the fact that Besigye has been under house arrest for 41 days,” Mpanga added.
FDC party said although Mr. Kale Kayihura made remarks earlier that he had instructed Uganda Police to move away from Dr. Besigye’s home.
“It’s an open secret that Uganda Police Force is still positioned with its infamous black van at his home.”