Besigye treason trial proceeds with assessor appointment despite defence objections

Justice Emmanuel Baguma has concluded the preliminary hearing in the treason case involving opposition figure Dr. Kizza Besigye and his co-accused. The judge ruled that the court cannot compel the prosecution and defence to agree on preliminary matters, a decision that allows for the appointment of assessors to assist in the upcoming trial.

The defence, led by lawyer Elias Lukwago, had raised several issues crucial for a fair trial, including private consultation spaces at Luzira Prison, daily transcripts of proceedings, proper management of pending applications, and timely disclosure of prosecution witnesses and exhibits. They emphasized the need for privacy during consultations, citing interference from prison authorities.

Lukwago also argued that pending applications, such as a bail request and a human rights enforcement plea, should be resolved before the main trial commences. Another defence lawyer, Frederick Mpanga, highlighted the importance of a comprehensive memorandum of agreed matters, noting the rapid pace of proceedings.

However, Assistant Director of Public Prosecutions Thomas Jatiko argued that many of the defence’s concerns, particularly regarding prison facilities, were outside the prosecution’s mandate. He also stated that the prosecution had no agreed facts to present.

Justice Baguma noted that directives had already been issued to prison authorities regarding defence access to the accused, with a response indicating permission granted for trial preparation. He also addressed concerns about public access, stating that while not barred, attendance is managed due to space constraints.

Despite attempts by the defence to halt proceedings based on a pending related application, the court proceeded to select three assessors: John Musana, Sarah Babirye, and Richard Okello. The prosecution was directed to produce at least one witness when the case resumes on June 11. Dr. Besigye expressed concerns about alleged political interference and demanded access to prosecution documents, which he stated had not yet been provided.

Dr. Besigye, Hajji Obeid Lutale Kamulegeya, and UPDF officer Denis Oola face treason charges for allegedly participating in meetings aimed at overthrowing the government, which they deny. The trial continues amidst unresolved disputes over disclosure and procedural fairness.

Source: Daily Monitor (Uganda)