Col. Besigye trial opens
Dec 19, 2005
COLONEL Dr. Kizza Besigye remained in jail yesterday after failing to appear in the General Court Martial where he was widely expected to get bail or even have his terrorism charges dropped.
By Vision Reporters
COLONEL Dr. Kizza Besigye remained in jail yesterday after failing to appear in the General Court Martial where he was widely expected to get bail or even have his terrorism charges dropped.
The Court Martial, presided over by General Elly Tumwine, convened but only heard the abuse of office charges against Brig. Steven Kashaka. There was no mention of Besigye’s case and that of his 22 co-accused although their trial on terrorism was to start yesterday. Besigye’s remand warrant expired yesterday when his trial was due to start.
The remand warrant was not extended by the court, which adjourned at 5:30pm. There was no reason given why Besigye’s case was not on the cause list and no new date was given when his trial on terrorism and unlawful possession of firearms would start.
When Besigye was charged before the army martial, he refused to plead. His 22 co-accused also refused to plead. Besigye and his co-accused have since filed a petition in the Constitutional Court challenging their trial in the GCM when they are facing treason charges at the High Court.
Besigye further contends that the GCM is not competent to hear terrorism charges and try civilians.
High Court judge Remmy Kasule last week ordered the Court Martial to stop hearing Besigye’s terrorism case until the Constitutional Court disposes of his petition.
However, the treason trial for all accused started yesterday in the High Court in Kampala, with all of them pleading not guilty. Besigye also denied the rape charges.
The hearing was, however, adjourned to early January after the defence lawyers raised an objection, saying the case was still with the Constitutional Court. They also said they had not had chance to consult their clients in privacy.
The defence lawyers also objected to the assessors, describing them as teenagers.
They said they should be above 40 years.
The treason case will now be back in the court on January 6, 2006, while the rape case against Besigye will be in court on January 2, 2006.
The 23 were returned to Luzira amid cheers and ululations from supporters. Besigye and his co-accused flashed the FDC two-finger victory sign as they were led out of the cells into the Prisons bus.
The lead counsel, Sam Njuba, also complained that they had been denied private access to the clients to discuss their cases. He asked the court to order the Commissioner General of Prisons, Johnson Byabashaija, to allow them talk to Besigye and his co-accused in the absence of prison warders.
Njuba said whenever they meet their clients, an officer listens to their discussions, which makes their clients inhibited.
He also said some suspects had been taken to Kirinya Prison in Jinja, making it hard for their lawyers to access them. He asked the court to order that the suspects be brought back to Luzira.
Justice Katutsi said, “I am going to ask the Registrar to write to the Commissioner General of prisons about it. If he refuses, then we can see if we should invoke some order of court.â€
See verbatim on Menu item Besigye trial
COLONEL Dr. Kizza Besigye remained in jail yesterday after failing to appear in the General Court Martial where he was widely expected to get bail or even have his terrorism charges dropped.
The Court Martial, presided over by General Elly Tumwine, convened but only heard the abuse of office charges against Brig. Steven Kashaka. There was no mention of Besigye’s case and that of his 22 co-accused although their trial on terrorism was to start yesterday. Besigye’s remand warrant expired yesterday when his trial was due to start.
The remand warrant was not extended by the court, which adjourned at 5:30pm. There was no reason given why Besigye’s case was not on the cause list and no new date was given when his trial on terrorism and unlawful possession of firearms would start.
When Besigye was charged before the army martial, he refused to plead. His 22 co-accused also refused to plead. Besigye and his co-accused have since filed a petition in the Constitutional Court challenging their trial in the GCM when they are facing treason charges at the High Court.
Besigye further contends that the GCM is not competent to hear terrorism charges and try civilians.
High Court judge Remmy Kasule last week ordered the Court Martial to stop hearing Besigye’s terrorism case until the Constitutional Court disposes of his petition.
However, the treason trial for all accused started yesterday in the High Court in Kampala, with all of them pleading not guilty. Besigye also denied the rape charges.
The hearing was, however, adjourned to early January after the defence lawyers raised an objection, saying the case was still with the Constitutional Court. They also said they had not had chance to consult their clients in privacy.
The defence lawyers also objected to the assessors, describing them as teenagers.
They said they should be above 40 years.
The treason case will now be back in the court on January 6, 2006, while the rape case against Besigye will be in court on January 2, 2006.
The 23 were returned to Luzira amid cheers and ululations from supporters. Besigye and his co-accused flashed the FDC two-finger victory sign as they were led out of the cells into the Prisons bus.
The lead counsel, Sam Njuba, also complained that they had been denied private access to the clients to discuss their cases. He asked the court to order the Commissioner General of Prisons, Johnson Byabashaija, to allow them talk to Besigye and his co-accused in the absence of prison warders.
Njuba said whenever they meet their clients, an officer listens to their discussions, which makes their clients inhibited.
He also said some suspects had been taken to Kirinya Prison in Jinja, making it hard for their lawyers to access them. He asked the court to order that the suspects be brought back to Luzira.
Justice Katutsi said, “I am going to ask the Registrar to write to the Commissioner General of prisons about it. If he refuses, then we can see if we should invoke some order of court.â€
See verbatim on Menu item Besigye trial