Veteran politician, Dr. Kizza Biesgye has asked the High Court in Kampala to release him on bail.
In his bail application made alongside his co-accused, Hajji Obeid Lutale, Besigye who is facing treason charges says that being a law-abiding citizen, he is not going to commit an offence while on bail.
“From my record, I have never committed any offence or been convicted in respect of any of the numerous charges that have been brought against me. Over the years, I have been charged with various grave offences including rape, treason and terrorism, as well as many other minor offences and none of these has ended in a conviction,” Besigye says in his bail application.
“ I have in the past, been released on bail and abided by all conditions ordered even while I was undergoing a rigorous campaign schedule. For example, during the 2006 general elections, in November 2005 I was maliciously charged with the offences of treason and rape. ln both cases, which were being heard at Kampala High Court, I was granted bail and I abided by the conditions set until I was eventually acquitted of the rape charge after a hearing of the prosecution evidence and the charge of treason permanently prohibited by the orders of the Constitutional Court.”
The four-time presidential candidate says after participating in the 2016 general elections, he was again charged with treason and was later granted bail and abided by the conditions until the state withdrew the charges in 2019.
He adds that he understands the purpose and implications of being released on bail.
“I know that I will be required to continuously appear before this Honorable Court as and when required for purposes of mention or hearing or any other purpose that may be ordered.”
Harsh conditions
Besigye says at 68, he is of advanced age who needs to be released on bail so he can be relieved of the harsh conditions in prison facilities.
“I am 68 years old and therefore of advanced age and not able to manage the harsh conditions in prison for the unknown period of my remand. Currently I have been on unlawful remand for over 100 days.”
He says that since he has not been committed to the High Court for trial , the period of pre-trial remand is unknown.
According to Besigye, in addition to his own undertaking and commitment to abide by bail conditions, he has substantial sureties who understand their duties as sureties and are willing to ensure that I appear in court as and when required.
“I am not going to and are not capability of interfering with investigations, witnesses or in any other way negatively influence the prosecution of these charges by the State and therefore I am not a threat in any way once admitted to and released on bail. On all the occasions I have been released on bail I have not interfered with any witnesses or investigations and have no capacity to do so.”
The charges
Besigye and his co-accused are alleged to have committed treason, contrary to Section 23(1)(c) of the Penal Code Act, Cap 128.
Prosecution states that Dr Col (rtd) Besigye, his aide, Hajji Obeid Lutale, 65; Captain Oola, 48 a UPDF soldier and others still at large between the year 2023 and November 2024 at various places/countries, including Geneva in Switzerland, Athens in Greece, Nairobi in Kenya, Kampala in Uganda, contrived a plot, act or matter by force of arms to overturn the Government of Uganda as by law established and expressed or declared such plot, act or matter by utterances and overt acts.
Prosecutions also alleges that the trio together with others still at large travelled to various countries including Switzerland, Greece, Kenya to attend meetings to further the plot to overturn the government of Uganda as by law established.