Besigye opposes bid to conceal witnesses in treason trial

KAMPALA - Four-time presidential candidate Dr Kizza Besigye and his co-accused have asked court to reject a prosecution application seeking to conceal the identities of witnesses in their treason case.

Besigye and his aide Hajji Obeid Lutale are jointly charged with treason and misprision of treason alongside Capt. Denish Oyaa Oola of the Uganda People’s Defence Forces (UPDF), attached to the Armoured Brigade. The offence attracts a maximum sentence of death upon conviction.

In an affidavit presented before Justice Emmanuel Baguma of the Criminal Division of the High Court on Tuesday (March 31), Besigye argues that the move to conceal witness identities is intended to deny the defence access to critical evidence and undermine preparation for trial.

He maintains that he is entitled to a fair and public hearing as guaranteed under the Constitution.

Besigye contends that concealing the identities of six out of the 10 prosecution witnesses, coupled with limited disclosure of evidence, would prejudice his defence in a case where he faces the death penalty.

The opposition figure was responding to an application by the prosecution, which seeks to conceal the identities of six witnesses on grounds that their lives would be endangered.

He argues that the Constitution guarantees an accused person adequate time and facilities to prepare a defence, including the right to know and challenge accusers’ rights, which he describes as non-derogable.

Besigye argues that the Constitution guarantees an accused person adequate time and facilities to prepare a defence, including the right to know and challenge accusers’ rights, which he describes as non-derogable. (Credit: Alfred Ochwo)

Besigye also rejects prosecution claims that the charges he is facing involve personal violence, insisting on his innocence and noting that no allegations have been proven in court.

He further cites previous treason cases against him in 2005 and 2016, saying they did not involve witness anonymity or in-camera proceedings, and that no witnesses reported threats or harm.

According to Besigye, concealing witness identities would prevent the defence from investigating their credibility, assessing possible bias, and effectively cross-examining them, thereby undermining the adversarial justice system.

He adds that the prosecution has not presented credible evidence of threats to the witnesses, describing the claims as speculative.

“The State has adequate security mechanisms to protect witnesses without limiting the rights of the defence."

The prosecution alleges that Besigye, Lutale, Oola and others, still at large, between 2023 and 2024 in various countries, including Switzerland, Greece, Kenya and in Kampala (Uganda), contrived to overturn the Government of Uganda by force of arms.
According to the charge sheet, the accused, knowing that another person intended to commit treason, did not give information to Ugandan authorities to prevent the commission of treason, which tantamount to misprision of treason.