The long awaited treason trial of veteran opposition politician Kizza Besigye is moving a step closer. On Monday the High Court begins the process of selecting assessors who will participate in one of Uganda’s most closely watched criminal cases. Besigye appears in court alongside his aide Obeid Lutale Kamulegeya as lawyers from both sides scrutinize […]
The long awaited treason trial of veteran opposition politician Kizza Besigye is moving a step closer.
On Monday the High Court begins the process of selecting assessors who will participate in one of Uganda’s most closely watched criminal cases.
Besigye appears in court alongside his aide Obeid Lutale Kamulegeya as lawyers from both sides scrutinize potential assessors ahead of the trial scheduled to begin on June 11.
The proceedings stem from a directive issued by Justice Emmanuel Baguma ordering that all pre-trial activities be completed within a week and that witnesses begin testifying this Thursday.
The duo appeared in Court a lot later than usual allegedly because the trio was produced late from Luzira Prison, following communication mishaps between prison authorities and court officials.
Justice Baguma has also allowed Besigye and his co-accused to consult their defence lawyers inside the courtroom before the start of proceedings.
This is because justice Baguma had previously ordered Luzira Prison to give proper access to the lawyers and accused persons to prepare for trial.
Lawyers had told court that despite the order, they were blocked from entering prison with flash disks containing critical evidence materials needed to review audio and video disclosures ahead of the hearing.
According to the defence, lawyer Erias Lukwago preparations have been complicated by restrictions at Luzira Prison where Besigye and Lutale are being held, despite the Court judge directing that they visit the accused in Luzira .
Lawyers argued that access to computers and equipment capable of reviewing audio and video recordings remains limited. They also complain that meetings with their clients are difficult to arrange, especially during weekends and public holidays.
The defence also raised concerns that not all witness statements had been disclosed and asked court to refer several constitutional questions to the Constitutional Court.
Among the issues raised is whether seven days is sufficient time for an accused person to prepare for trial after receiving evidence from prosecutors. The defence is seeking at least one month to prepare.
Following the consultations , Besigye briefed his lawyers to pray that the Court allows them one month to prepare defence case, that the prisons provides them with a hall with ample space, that can acomodate a big screen and the ten lawyers among others.
The court will rule on the matter by close of business today.
Besigye, a four-time presidential challenger, Lutale, and UPDF Capt Denis Oola are accused of participating in activities allegedly aimed at overthrowing the government.
Prosecutors say they have assembled extensive evidence which includes documents, immigration records, telephone data, social media communications, and nearly ten hours of audio and video recordings.
The prosecution team led by Thomas Jatiko and Richard Birivumbuka maintains that all the evidence intended to be relied upon during the trial has already been disclosed to the defence.
This particular trial will involve three assesors whose cardinal role is to be part of hearings, observe proceedings, and provide an independent opinion on the guilt or innocence of the accused based on the evidence presented.
Court officials first compile a list of potential assessors, who are ordinary citizens drawn from the public. These people must be between 21 and 60 years of age, able to read, write and speak English, and deemed fit to follow court proceedings.
Once the list is presented in open court, the presiding judge, in this case Justice Emmanuel Baguma, invites both the prosecution and defence teams to examine the candidates.
Each side is then given the opportunity to object to or accept individual assessors. Objections may be based on perceived bias, lack of understanding, or any other reasonable ground that could affect fairness in the trial.
After both sides complete their scrutiny, the final panel is agreed upon and formally selected by court. The chosen assessors are then sworn in, taking an oath to observe proceedings impartially and advise the judge based on the evidence presented during trial.
In the current case, the process is being completed ahead of the June 11 trial date, which the court has ordered to proceed without delay.
The prosecution is expected to present a list of heavyweight witnesses, including military officers and intelligence officials.
Among those expected to testify are Maj General James Birungi, Maj General Richard Otto, Major General Abel Kandiho, businessman Bulasa and Wilson Hollando.
State prosecutors allege that meetings linked to the alleged plot took place in Geneva, Athens, Nairobi and Kampala.
According to court documents, investigators claim the accused sought support, funding and military capabilities to advance plans against the government.
The accused deny the allegations.
