By Kabuye Ronald
The trial of opposition stalwart Dr. Kizza Besigye and his associate Obeid Lutale Kamulegeya saw a significant development today in Nakawa Court as Magistrate Esther Nyadoi ordered the duo to return to court on Friday, March 14, for the hearing of a new application stemming from the main suit. This latest move effectively delays any possibility of Besigye securing bail, with the main suit set for mention on March 28.
During today’s proceedings, frustration from Besigye’s defense team was evident as they accused the prosecution of engaging in “legal gymnastics” to further delay the case. The prosecution team, led by Assistant Director of Public Prosecutions Thomas Jatiko, Chief State Attorney Richard Birivumbuka, and Senior State Attorney Eunice Baine, argued for the adjournment, citing ongoing inquiries into the case.
However, the defense raised significant concerns over the delay. Fred Mpanga, one of Besigye’s lawyers, expressed doubts about the prosecution’s ability to justify the prolonged investigation period, questioning why the legal basis for the six-month delay was yet to be disclosed. “We request that you avoid trial by ambush,” Mpanga stated, demanding more transparency.
In response, Birivumbuka defended the prosecution’s stance, asserting that the disclosure of specific details at this stage could hinder the ongoing investigation. He emphasized that the six-month investigation period remained applicable.
The issue of the six-month investigation period became central to the defense’s argument, with prominent lawyer Erias Lukwago accusing the prosecution of violating constitutional rights under Article 28, which guarantees the right to a fair and timely trial. “By continuing to detain our client without a clear legal basis, they are not only violating his rights but also undermining the spirit of the Constitution,” Lukwago said.
The court also discussed the identity of one co-accused individual, referred to as A3. Birivumbuka requested that A3’s name be excluded from the application, a motion that was agreed upon by the defense. Further tensions arose over the late filing of crucial documents, with the defense questioning why key filings were only received on March 4 and served the following day. Lukwago criticized the delay as a lack of professional courtesy.
Captain Richard Nsubuga, part of the defense team, raised alarm over the prolonged detention of the accused, especially Captain Olaa, who has been in custody for over a year without clear legal justification. “The continued detention without a legal basis is unacceptable,” Nsubuga stated, calling for either their immediate release or a proper legal process to be followed.
As the case continues to unfold, Magistrate Nyadoi has given the prosecution until March 11 to file any rejoinders. The next hearing is scheduled for Friday, March 14, at 10 a.m., where the court will decide whether the new application will proceed or if further delays will persist.
With tensions escalating between the prosecution and defense, Besigye’s lawyers are adamant that the case should not be allowed to devolve into a “legal circus” and are demanding a fair and prompt resolution.
