- Tumusiime alleges that mobile phones confiscated from the accused are being misused by state authorities.
Image: Courtesy photo
Lawyers representing 36 members of the Forum for Democratic Change (FDC) Katonga Faction, who are currently facing terrorism charges, have raised concerns over possible state-led forgery of evidence against their clients.
The accusations were brought forth by defense lawyer Kato Tumusiime during a hearing at Nakawa Chief Magistrates Court.
Tumusiime alleges that mobile phones confiscated from the accused are being misused by state authorities.
“We have learned that the phones are being used to make calls to unknown individuals, after which they are turned off. This raises suspicions that the state may be trying to forge evidence against our clients,” he said.
He further urged the court to order the return of the confiscated phones, along with other personal items, such as ATM cards and identification documents, which are not directly related to the case.
The 36 FDC members, including three women, were arrested in July 2024 after reportedly traveling from various parts of Uganda to Kisumu, Kenya.
According to the prosecution, the group was allegedly seeking terrorist training.
However, the accused maintain that they had traveled to attend a leadership workshop in preparation for the upcoming general elections.
State prosecutor, Richard Birivumbuka, informed the court that investigations are still ongoing and that more evidence is being awaited from Kenyan authorities.
He defended the state's decision to hold onto certain confiscated items, stating that they may be used as evidence in the trial.
However, Chief Magistrate Andrew Katunguki has ordered the prosecution to disclose all intended evidence to the defense and to return any confiscated properties that will not be presented during the trial.
Counsel Tumusiime emphasized that the misuse of his clients' phones raises the possibility of fabricated evidence, potentially compromising the fairness of the legal process. "Using someone's phone could lead to evidence being forged.
We are asking the court to take decisive action and ensure the return of these phones to the families of the accused."The group was initially arrested by Kenyan police and later handed over to Uganda’s Internal Security Agency (ISO).
The FDC members claimed they were caught off-guard by the violent arrest in Kenya, which occurred while they were at a church center.
Kenyan authorities reportedly found it suspicious that the group lacked any formal contacts in the country, leading to their arrest on suspicion of terrorism.
The case, which has drawn widespread attention, has been adjourned until September 25, 2024, when further developments are expected.
The terrorism charges against the FDC members are highly sensitive, especially as Uganda approaches its next general elections.