Lawyers representing detained opposition leader Dr. Kizza Besigye and his co-accused, Hajji Obeid Lutale, have vowed to challenge a court ruling that permits the cross-examination of a key police investigator behind closed doors.
The decision, made by Nakawa Chief Magistrate Esther Nyadoi, follows an application by the prosecution seeking to bar media and the public from witnessing the cross-examination of Detective Inspector of Police Benedict Odyeke.
Odyeke, an officer attached to the Criminal Investigations Directorate, last month swore an affidavit requesting the court to grant access to Besigye and Lutale’s mobile phones as part of ongoing investigations.
During Friday's proceedings, defense lawyers, led by Frederick Mpanga, objected to the prosecution's request to hold the cross-examination in private chambers.
They argued that such a move was unjustified in a matter of significant public interest.
“We are dealing with a case that affects the public. Apart from mentioning national security, prosecution has failed to substantiate any real risk that would necessitate a closed-door session,” argued Mpanga.
However, the prosecution, led by State Attorney Richard Birivumbuka, defended the move, citing concerns over public order, national security, and the safety of the investigating officer.
Birivumbuka claimed that the atmosphere at Nakawa Court was hostile, referencing pro-Besigye supporters who often chant and sing during proceedings.
“You can hear the singing and everything. Therefore, subjecting Mr. Odyeke to an open court session will not only jeopardize his security but also the integrity of the investigation,” Birivumbuka submitted.
Despite the defense’s objections, Magistrate Nyadoi ruled in favor of the prosecution, stating that allowing Odyeke to testify in camera was essential to protect his integrity as an investigative officer.
Following the ruling, defense lawyer Erias Lukwago announced plans to seek a judicial review in the High Court.
“We have instructions to seek redress from the High Court. We request that further proceedings be stayed until the High Court pronounces itself on the matter,” Lukwago stated.
Although the prosecution opposed the defense’s request for a stay of proceedings, Magistrate Nyadoi granted them the opportunity to challenge the ruling, adjourning the case to April 30, 2025.
Dr. Kizza Besigye and Obeid Lutale were also remanded until 30th April