Tensions flared in court on Thursday as sharp exchanges erupted between the defence and prosecution in the treason trial of veteran opposition figure Dr Kizza Besigye over late witness disclosures and an application to conceal the identities of key witnesses.
The prosecution, led by Assistant Director of Public Prosecutions Thomas Jatiko, asked the court to permit delayed disclosure of six witness statements, describing them as crucial to the case.
In a separate application, the state sought to shield the witnesses’ identities, citing potential intimidation or harm if their details were made public.
The defence, however, strongly opposed the applications, accusing the prosecution of repeatedly failing to comply with court timelines and undermining the accused’s right to a fair trial.
Lead counsel Erias Lukwago told the court that the prosecution had promised to disclose all evidence by March 3 but failed to do so.
“By close of business on the third, the state had not complied. About three days later, they purported to serve,” Lukwago said, adding that some statements were only delivered at 6:30 pm on March 11.
Lukwago insisted that proper disclosure requires the prosecution to provide full particulars of witnesses and the nature of the evidence they intend to rely on.
“When we talk about full disclosure, they ought to give all the particulars of the witnesses and the kind of evidence they are going to use against the accused,” he said.
Defence lawyer Eron Kiiza echoed the criticism, arguing that repeated non-compliance persists because there are no consequences.
“Non-compliance is happening because there are no consequences. The proper consequence should be to halt the proceedings and release the accused,” Kiiza submitted.
He also raised concerns about unequal treatment in scheduling court applications, noting that the accused’s matters often take months to be fixed while the state’s applications are scheduled within hours.
The defence further complained that some of their lawyers were only served with the prosecution’s application at around 9:30 am on Thursday, just before the matter came up in court.
Prosecutor Jatiko acknowledged the delay but asked the court to allow the late service.
“My Lord, it is true that we do make late service. The prosecution also filed Miscellaneous Application No. 101 of 2026 as the state prays for delayed disclosure of six statements of witnesses who are crucial to this case,” he said.
Dr. Besigye also raised concerns in court, noting that issues flagged by the defence were not being adequately addressed.
The court is expected to determine on March 31 whether the prosecution can be allowed to file the witness statements out of time and whether the six witnesses’ identities should remain concealed. Defence parties were given until March 26 to submit their responses.
The ruling is likely to have a significant impact on how the treason trial proceeds, balancing witness protection with the accused’s right to prepare a proper defence.
