Besigye Says He Was Brought to Court 'Under Duress'

Kizza Besigye appeared before the High Court in handcuffs without his lawyers, saying he had been brought under duress, while prosecutors asked the court to rule that he had waived his right to legal representation of his choice and allow the long-awaited treason trial to proceed.

Besigye tells court he was brought under duress and appeared without legal representation.

Prosecution says repeated absence of defence lawyers is delaying the trial and seeks to proceed.

Defence insists pending applications on legal representation and disclosure of evidence must be resolved first.

KAMPALA — Opposition politician Dr Kizza Besigye on Monday told the High Court he had been brought to court "under duress" as he appeared in handcuffs without his lawyers, while prosecutors urged the judge to rule that he had effectively waived his right to legal representation of his choice and allow his treason trial to proceed.

Besigye, who is jointly charged with Hajj Obeid Lutale and Capt Denis Oola, appeared before Justice Emmanuel Baguma for the commencement of the hearing in their treason case.

The courtroom fell silent as the judge entered at 2:26pm before asking about the accused persons. Besigye and Lutale were then led into the dock in handcuffs.

The prosecution, led by Assistant Director of Public Prosecutions Richard Birivumbuka, told court it was ready to proceed and that witnesses had already been assembled at the court premises.

However, Thomas Jatiko, appearing for the defence, informed court that the accused persons' lawyers were absent.

Addressing the court personally, Besigye said he had been brought to court against his will and remained in handcuffs.

"We are not represented, my Lord. I came here by duress and am still in handcuffs," Besigye said.

He argued that the accused had pending concerns regarding their legal representation, access to disclosures and court records, matters which they believe must be resolved before the trial can commence.

Besigye also referred to a recent address by President Museveni, saying statements made about the case were relevant to the accused's concerns over receiving a fair trial.

Justice Baguma, however, directed him to confine his submissions to the issue of legal representation.

Asked whether anyone had prevented them from choosing lawyers, Besigye said the accused had already filed an application challenging difficulties in accessing their legal team and reviewing prosecution evidence while in prison.

He further claimed that a letter they wrote last Friday outlining their concerns had been withheld by prison authorities.

"Our legal representation is clearly in question. We have challenges accessing our lawyers, accessing disclosures and obtaining the court record. After accessing all we need, then we shall be ready for trial," he said.

Capt Oola also told court that he had only learnt of Monday's hearing at around 9am and had not informed his lawyers because he had no prior notice of the session.

"I never knew there was court today. It is my prayer that service of such hearings should be done to all, and thereafter I will be ready," Oola said.

Responding to questions about the alleged withheld correspondence, Assistant Superintendent of Prisons Emmanuel Tuhirwe told court that all letters written by inmates undergo a verification process before being forwarded, adding that he could not immediately confirm whether the letter had been transmitted.

The prosecution, however, argued that the repeated absence of defence lawyers had become a deliberate tactic to delay the trial.

Birivumbuka told court that Besigye and Lutale were represented by more than 25 advocates and that none had formally withdrawn from the case.

He argued that because the accused had repeatedly appeared without their lawyers despite the defence team remaining on record, the court should conclude that they had voluntarily waived their right to legal representation of their choice.

"The prosecution has been ready since completing disclosures. Today we have witnesses ready to testify. This continued absence of lawyers constitutes an abuse of the court process," Birivumbuka submitted.

He urged the court either to proceed with the hearing or appoint lawyers on state brief to represent the accused if necessary.

He also dismissed suggestions that recent public statements by President Museveni or pending human rights applications should delay the criminal proceedings.

In response, Besigye rejected the prosecution's assertions, maintaining that the defence had consistently informed court about challenges affecting their legal representation.

He argued that although prosecution disclosures had been served on their lawyers, prison restrictions had prevented the accused themselves from accessing the documents needed to prepare their defence.

"The disclosures were made to our lawyers. For us to receive them, we need the cooperation of prison authorities," Besigye said.

He also accused the prosecution of causing delays, noting that disclosures had only been completed in June despite investigations having concluded much earlier.

Besigye maintained that pending applications concerning legal representation and alleged violations of their constitutional rights should be heard before the substantive trial begins.

The accused are facing treason charges before the High Court. The court was expected to rule on the issues raised before determining whether the trial could proceed.