PRA rebel suspects' case flops again

Jan 31, 2007

THE case of the suspects of the People’s Redemption Army (PRA) saw another dramatic turn yesterday when their lawyers refused to attend court and the suspects refused to proceed without them.

By Milton Olupot
and Hillary Nsambu


THE case of the suspects of the People’s Redemption Army (PRA) saw another dramatic turn yesterday when their lawyers refused to attend court and the suspects refused to proceed without them.

Enraged Forum for Democratic Change leader, Kizza Besigye, later lashed out at the court, urging for all officials to resign, because of what he considers their failure to release the suspects.

Besigye is one of the PRA suspects, out on bail. The case hit the first snag in the morning when the prison authorities failed to produce the suspects. The judge demanded that the 12 accused be present.

It took up to 2.30pm before they were brought to court in a heavily-guarded bus. When they disembarked, they looked jolly and waved the V-sign symbol.

Senior FDC officials witnessed their arrival. These included president Kizza, Besigye, party chairman Sulaiman Kiggundu and secretary general Alice Alaso, as well as chief whip Kassiano Wadri and leader of the opposition in Parliament, Prof. Ogenga Latigo.

The defence lawyers were present but refused to enter the court room. Before the solicitor-general, Lucian Tibaruha, could argue his case, the suspects raised an objection. One by one, they said they could not proceed with the case without legal representation.

The judge, Eridadi Mwangushya, tried to convince the suspects that it was only a hearing and not a trial, arguing it was in their interest to hear the case.

When they stuck to their position, the judge had no choice but to adjourn the hearing. The case was postponed to March 1.

The Solicitor General said the refusal of the lawyers to appear in court as against the interests of justice.

Later, outside the court building, defence lawyer David Mpanga vowed that that as long as the suspects were detained, their team would not represent them.

A furious Besigye attacked the court. “It is a shame on this court. The chief justice and all his officers should come out and tell us whether they are unable to use the powers that we gave them. It is a shame. They should resign,” he said, trembling and waving his finger at the court.

The High Court was supposed to hear an application yesterday, filed by the Government, on the production warrant, produced by the defence lawyers to obtain their release.

The Constitutional Court on January 12 ruled that the suspects were being illegally detained and that the High Court decision to release them on bail be effected. However, the efforts of the defence lawyers to obtain a court order were frustrated.

The lawyers instead obtained a production warrant, which is being challenged by the Government.
The state also asked for a review of the High Court’s earlier decision to grant them bail, claiming bail in treason cases can only be granted under exceptional circumstances and is not automatic, as the court ruled.

The Attorney General briefed Cabinet on the progress of the case.

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