Tensions flared at Nakawa Magistrate's Court on Wednesday as the prosecution accused the defence of deliberately stalling investigations in the treason case against Dr Kizza Besigye.
This follows the court’s decision to grant the prosecution a private cross-examination of lead investigator Detective Benedict Odyek, excluding the public and media.
Chief State Attorney Richard Birivumbuka expressed frustration over the defence’s failure to disclose the filing date of an application for revision.
“My learned colleague Mpanga says the application was filed. We just can’t take his word for it. When was it filed?” Birivumbuka asked.
He stressed that the defence had not informed the court of the filing date, adding, "Mpanga didn’t tell us when the case was filed."
Birivumbuka argued the defence’s actions were hindering the investigation and called for the case to be swiftly committed to the High Court.
In response, defence lawyer Frederick Mpanga claimed the application had been filed with the High Court and was reflected in the Electronic Court Case Management Information System (ECCMIS).
He directed Birivumbuka to check the system for details, suggesting that time could be better spent there.
Mpanga denied any delays from the defence, saying, “He cannot blame us for the consequences of his actions.”
Co-counsel Erias Lukwago accused the prosecution of frustrating the accused's right to a fair and timely trial.
He pointed out that while the state had possessed the accused’s phones since November 2024, it had only sought permission to access them in March 2025.
Lukwago argued the accused were eager for a swift resolution and rejected any suggestion that the defence was causing delays.
The defence had also challenged the court’s decision to conduct the cross-examination of Detective Odyek in chambers, arguing the matter should be publicly aired due to its significance.
While the court granted the prosecution this request, the defence hopes the High Court will revise the ruling and allow the cross-examination to take place openly.
The prosecution maintains that public questioning would compromise national security.
The case has been adjourned to May 21 for further mention.
Dr Besigye and co-accused Hajj Obeid Lutale have been in custody since their arrest in Nairobi in November 2024.
They face treason charges, accused of plotting to overthrow the government between 2023 and November 2024.