Preliminary hearing in Besigye treason trial concludes, assessors appointed despite defence objection

Besigye (C) and his co-accused in court. PHOTO | ABUBAKER LUBOWA

High Court Judge Emmanuel Baguma has ruled that there are no agreed matters between the prosecution and defence in the treason case against opposition politician Dr Kizza Besigye and his co-accused, bringing preliminary proceedings to a close and paving the way for the appointment of assessors ahead of the trial.

Delivering his ruling on Monday, Justice Baguma said the court could not compel either side to agree on issues for inclusion in a memorandum, a document ordinarily prepared at the conclusion of a preliminary hearing. "The court cannot force parties to agree. It is upon agreement of the parties that the court can prepare a memorandum," Justice Baguma ruled. "After listening to both sides, I do not see any agreed matters, and the case has no memorandum to sign. Therefore, I will proceed to choose three assessors." The judge subsequently selected John Musana, Sarah Babirye and Richard Okello as assessors, whose role will be to assist the court during the trial. The ruling followed a lengthy dispute between the defence and prosecution over matters the defence wanted included in the preliminary hearing process. One of the defence lawyers, Mr Elias Lukwago, argued that several issues affecting the accused persons' right to a fair trial remained unresolved and should be addressed before the substantive hearing begins.

Mr Lukwago listed several concerns, including access to facilities at Luzira Prison, provision of daily records of proceedings, management of pending applications, identification of agreed facts, disclosure of witnesses and exhibits, the timeframe for trial preparation and the appointment of assessors. Among the facilities sought, the defence requested a private interview room at Luzira Prison where Besigye and his legal team could hold confidential consultations without interference from prison officers. "Privacy is important because we are always interrupted by prison authorities who eavesdrop on our conversations. This compromises the right to a fair trial," Mr Lukwago told court. The defence also sought arrangements allowing Besigye and his co-accused to consult lawyers before court sessions, improved public access to proceedings, and provision of meals since the accused spend long hours in court. Mr Lukwago further argued that two pending applications, including a bail application and a human rights enforcement application, should be determined before the trial proceeds. "The law demands that proceedings be stayed until this application is disposed of," he submitted.