The legal team representing veteran opposition leader Kizza Besigye and Hajj Obeid Lutale has warned that upcoming court proceedings could face delays following disruptions affecting members of the defense counsel, including senior advocate Elias Lukwago.
Speaking to journalists, defense lawyer Kato Tumusiime said any disruption in the legal team could affect the preparation and conduct of the case, especially as the matter approaches its next hearing date on June 30.
He argued that the defense team had been carefully assembled based on specific legal expertise, making each counsel’s participation critical to the ongoing proceedings.
“It is true that the absence of one of us, and in a senior capacity like Elias Lukwago, will affect the trial and the proceeding on the thirtieth day of June when we next appear before justice,” Tumusiime said.
He added that Lukwago has played a central role in drafting key applications in the case and remains a key figure in the defense strategy.
“In this sense, they are chosen people. Our clients sat down and thought about which lawyers they should include in representing them, depending on the different capacities and on what they add to the case,” he said.
Tumusiime noted that the defense team is expected to consult with their clients to determine whether proceedings can continue effectively in the absence of key counsel, emphasizing that the accused persons retain the constitutional right to choose their legal representation.
He said the team would meet Besigye and Lutale to decide on the next course of action, including whether to proceed or seek adjustments in the hearing schedule.
“We get instructions from our clients, and they are the ones now to determine whether we proceed with the absence of Elias Lukwago or we don’t proceed, because they have that right mandated by the constitution to choose who represents them,” he stated.
Tumusiime also expressed concern over what he described as uncertainty surrounding the readiness of some members of the defense team ahead of the upcoming hearing, warning that this could impact trial preparedness.
He further addressed issues related to the service of court summons on the Chief of Defence Forces, Muhoozi Kainerugaba, noting that the defense team remains committed to ensuring that all procedural requirements are fulfilled.
He clarified that the responsibility of serving court documents is not limited to a single lawyer but applies collectively to the defense team as officers of the court.
“If summons made Gen Muhoozi Kainerugaba angry, he should not be coming for a messenger like any lawyer. He should go for the judge, the justice who signed and summoned him,” Tumusiime said.
He added that the team is exploring all lawful avenues to effect service, including electronic service, physical delivery, and, if necessary, application for substituted service through newspapers.
“We are still prepared and going ahead to look for the whereabouts of Gen. Muhoozi Kainerugaba, his phone numbers, his email address so that we can serve electronically. Or if we fail to serve electronically, we shall get his residence and serve a document there,” he said.
The matter is expected to return to court on June 30, with uncertainty remaining over whether proceedings will continue as scheduled or face adjournment.