High Court judge, Justice John Bosco Katutsi, yesterday ordered a witness in the rape case against opposition presidential candidate, Dr. Kiiza Besigye, out of court for giving what he called an irrelevant testimony.
James Lwanga, a counselor at Makerere University, was presented before court yesterday morning as the 4th State witness. He testified that Joanita Kyakuwa, the alleged rape victim, approached him for counsel, saying she had tested positive for HIV.
Lwanga said that he counseled Kyakuwa for a while and advised her not to abort the child she was carrying.
Justice Katutsi terminated Lwanga's testimony, ruling that it was irrelevant to the rape case. He added that Lwanga's presence in court was of no significance to the case.
In her testimony, Joanita Kyakuwa accused Besigye of raping her 9 years ago. She claimed he infected her with HIV during the rape.
The Director of the Criminal Investigations Department, Elizabeth Kuteesa, also testified in the Besigye rape case yesterday.
Kuteesa said in 2001 she received orders from the former Inspector General of Police, Gen. Katumba Wamala, to investigate Besigye's alleged rape of Joanita Kyakuwa. She said the order to the police came directly from President Yoweri Museveni.
Kuteesa explained that investigations into the case were delayed because a key witness, Besigye's former housekeeper, Aisha Nakiguli, refused to cooperate with the police.
Last week Nakiguli testified that although Kyakuwa had informed her of the alleged rape in 1997, she was afraid to speak about it, because she was still employed by the Besigye family.
The CID boss said investigations only resumed when Nakiguli agreed to speak in 2004.
Lawyers for the defense requested that Kuteesa produce the investigation files into Kyakuwa's case in order to corroborate her testimony.
Kutesa's testimony continues today.
Court was adjourned to tomorrow, when Kuteesa is expected to resume her testimony.