The High Court has directed the Registrar of the Criminal Division to provide veteran opposition politician Dr Kizza Besigye and his co-accused with a list of state-funded defence lawyers to represent them in their ongoing treason trial.
The directive was issued on Monday by Justice Emmanuel Baguma after the prosecution accused the defence of repeatedly appearing in court without legal representation, leading to delays in the hearing.
Chief State Attorney Richard Birivumbuka argued that the accused had effectively waived their right to lawyers of their choice by consistently attending court unrepresented.
“It’s either an express or implied notice to this court that they have waived their right to lawyers of their choice. This act is frustrating the hearing of this matter,” Birivumbuka submitted.
He urged the court to proceed with the trial, warning that continued delays could affect the availability of prosecution witnesses.
“If it doesn’t, it’s going to create anxiety in our witnesses and some of them would end up not testifying,” he said.
In his ruling, Justice Baguma said the court was invoking Article 28(3)(d) of the Constitution, which guarantees legal representation at the state's expense where applicable, to ensure the trial proceeds without further delays.
“This court has decided to invoke Article 28(3)(d) that accused are entitled to legal representation at the expense of the state,” the judge ruled.
He directed the Registrar to provide the accused with a list of advocates on state brief by Tuesday, July 14, from which they can choose their lawyers.
“In the alternative, if the accused do not choose the lawyers on state brief on their own, then I will go ahead and ask the Registrar to appoint the lawyers,” Justice Baguma added.
The court further ordered the prosecution to disclose all evidence to the appointed lawyers before the hearing resumes on Wednesday, July 15, at 11am.
Responding from the dock, Besigye rejected the arrangement, arguing that assigning lawyers one day before the trial resumes would deny the defence adequate time to prepare.
“If such a process is insisted on, then quite clearly the intention of this process is not a fair trial,” Besigye said.
He maintained that he does not lack legal representation but that his preferred lawyers have been unable to effectively represent him because of what he described as an environment of intimidation.
“Then it is okay to try us in our absentia. If we don’t resolve the environment of our lawyers, we are able to have lawyers but not in the environment of being threatened,” he said.
Besigye also questioned the timing of the court's decision, alleging that recent public statements by President Yoweri Museveni had undermined confidence in the independence of the judicial process.
The prosecution, however, maintained that it is ready to proceed with the trial and has assembled its witnesses.
The case resumes on Wednesday, when the accused are expected to either be represented by lawyers on state brief or proceed under the court's directions.
