KAMPALA — Detained opposition politician Dr. Kizza Besigye has accused the State of undermining his right to a fair trial by allegedly intimidating members of his legal team, following a High Court decision declining to halt the proceedings against him.
Appearing before the High Court Criminal Division in Kampala on Tuesday alongside co-accused Hajj Obeid Lutale, Besigye argued that actions taken against some of his lawyers had left him uncertain about his legal representation.
The two appeared in court under heavy security and arrived shortly after midday, despite the matter having been scheduled to begin at 11am.
Proceedings were delayed as the accused first held consultations with members of their legal team.
During the hearing, defence lawyer Moses KB Tugume told the court that Kenyan Senior Counsel Martha Karua, whom the defence had appointed to lead the legal team, had been deported after arriving in Uganda to prepare for the case.
He also told the court that lawyer Erias Lukwago had been arrested while attempting to serve court documents.
Addressing the court, Besigye questioned whether he could receive a fair hearing under such circumstances.
"How can we expect a fair trial when the State is hunting down our lawyers? I am no longer certain of my legal representation because those meant to defend me are facing relentless state intimidation," Besigye said.
The defence noted that only 10 lawyers attended the hearing despite the legal team comprising nearly 50 advocates drawn from 13 law firms.
Defence lawyer Bayern Turinawe told the court that members of the legal team feared for their safety.
"I am here today, but I am not even sure I will be here in the next sessions. The respondents cannot come to court claiming clean hands while they are abducting and threatening us. I was honestly about to boycott coming to court today because of this intense harassment," Turinawe said.
The defence asked the court to stay the proceedings pending the determination of a separate human rights application filed against the Chief of Defence Forces, Gen. Muhoozi Kainerugaba.
According to the defence, because the Chief of Defence Forces and other military officers were sued in their individual capacities, they should not be represented by the Attorney General in those proceedings.
State Attorney Johnson Natuhwera opposed the application, arguing that there was no legal basis for delaying the trial.
"It would be unjust to delay justice just because one or two lawyers are not present. They have a luxury of lawyers. There is no evidence that Karua and Lukwago are the lead counsel, and it is not rooted in law that once a senior counsel is unavailable, a matter cannot go on. The entire fleet of 13 law firms cannot fail on representation," Natuhwera told the court.
The defence also filed an application seeking orders nullifying the government's decision declaring Martha Karua a persona non grata, together with a permanent injunction restraining security agencies from preventing her re-entry into Uganda.
In addition, the lawyers sought an order restraining authorities from prosecuting Erias Lukwago.
In his ruling, Justice Baguma declined to halt the main proceedings but granted the defence until July 2 to reorganise its legal representation.
The judge directed the respondents to file their responses to Besigye's bail application by July 1, with the defence required to submit its rejoinder by 6pm the same day. The bail application is scheduled to be heard on July 3.
The allegations made by Besigye and his lawyers regarding intimidation, harassment and obstruction were presented before the court and were contested by the State during the proceedings.
