Heightened security as Besigye treason trial begins Wednesday
On Monday this week, High Court judge Emmanuel Baguma ordered the registrar to provide state brief lawyers after the accused persons' legal team did not show up for proceedings for a second consecutive court session.
Dr Kizza Besigye is jointly charged with treason and misprision of treason alongside his aide, Obeid Lutale, and Capt. Denish Oyaa Oola of the Uganda People’s Defence Forces (UPDF), who is attached to the Armoured Brigade. (File photo)
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Security has been ramped up at the Criminal Division of the High Court in Kampala ahead of the start of the treason trial involving four-time presidential candidate Dr Kizza Besigye and his co-accused.
On Monday this week, High Court judge Emmanuel Baguma ordered the registrar to provide state brief lawyers after the accused persons' legal team did not show up for proceedings for a second consecutive court session.
Besigye is jointly charged with treason and misprision of treason alongside his aide, Obeid Lutale, and Capt. Denish Oyaa Oola of the Uganda People’s Defence Forces (UPDF), who is attached to the Armoured Brigade. The offences carry a maximum sentence of death upon conviction.
The High Court sought to resolve recurring disputes over legal representation that have delayed the hearing of the treason case.
"The registrar should compile a list of lawyers who offer services under the state brief programme in order to allow the accused persons to select counsel to represent them during the trial,” directed Justice Baguma.
He further ruled that if any of the accused declined to choose a lawyer from the list, the registrar would appoint one on their behalf to ensure the case proceeds without further delay.
The judge, however, clarified that the arrangement would not prevent the accused persons from engaging advocates of their own choice if they later secured legal representation.
During the proceedings, Besigye informed the court that they had filed an application on legal representation which they believed had a direct bearing on the case and should be heard before the trial proceeds.
The judge said the application had not been allocated to him and that under court procedure, he could only determine matters formally assigned to his court.
The court also ordered that certified copies of proceedings and all applications filed in the case be supplied to the accused to facilitate their preparation for trial.
Citing Article 28 of the Constitution, Baguma said every accused person is entitled to a fair hearing and legal representation, noting that the court had consistently allowed the accused to engage lawyers of their choice.
However, he observed that repeated changes in legal representation had stalled the progress of the case, with several lawyers who previously appeared for the accused no longer acting on their behalf.
During the proceedings, Besigye requested for certified copies of the court record, including the preliminary hearing proceedings, to enable him to prepare for trial.
“We need a record of proceedings, including those of the preliminary hearings, so that we can be able to face the prosecution witnesses because no one wants to stay in prison,” Besigye told the court.
The retired colonel also wanted the court to first handle the application they filed in the court regarding issues of legal representation, saying once it is resolved, it would allow them time to access disclosures of evidence using the facilities that will be given to them by the prison authorities through their lawyers.
“We filed an application seeking remedies related to our representation. We want to hear the prosecution evidence together with our lawyers and we have not gotten the opportunity to do that,” said Besigye.
He also complained that neither he nor his lawyers had been served with the applications relating to alleged human rights violations and bail before the trial judge delivered rulings on them.
The retired colonel said they have since filed a notice of appeal against the ruling on the human rights application.
The application on legal representation followed the arrest and deportation of Kenyan Senior Counsel Martha Karua, who had been leading Besigye’s defence alongside Erias Lukwago.
Besigye also told the court that he was produced in court by prison authorities while handcuffed and under duress.
He further raised concerns about President Yoweri Museveni’s address to the nation last Friday, arguing that his remarks about an indigenous justice system were related to his matter before the court.
He contended that the comments touched on the right to a fair hearing and could potentially influence both the assessors and the trial judge.
In response, Chief State Attorney Richard Birivumbuka told the court that they have never received any notice of withdrawal of instructions from the accused’s lawyers. He was assisted by the Assistant Director of Public Prosecutions Thomas Jatiko.
“Equally, even the accused persons have not informed the court that they withdrew instructions from the lawyers representing them,” Birivumbuka stated.
Birivumbuka stated that the accused persons appearing in the court an unrepresented is becoming habitual and had frustrated the case.
He, therefore, invited the court to consider Section 17 of the Judicature Act and make a finding that the accused had waived their right to legal representation of lawyers of their choice.
The case
The prosecution alleges that Besigye, Lutale, Oola and others still at large conspired between 2023 and 2024, in various countries including Switzerland, Greece, Kenya and Uganda, to overthrow the Government of Uganda through the use of armed force.
According to the charge sheet, the accused allegedly knew that another person intended to commit treason but failed to provide information to Ugandan authorities to prevent its commission, an offence that amounts to misprision of treason.