The much-anticipated treason trial of opposition veteran Dr Kizza Besigye and his aide, Hajj Obeid Lutale, failed to take off on Thursday after the two accused persons did not appear in court.
The High Court in Kampala had scheduled the hearing for the commencement of the prosecution’s case, but proceedings were halted after it emerged that only the third accused, Capt Denis Oola, had been produced before court.
A team of defence lawyers led by Kenyan lawyer Martha Karua and Kampala Lord Mayor Erias Lukwago immediately objected to the trial proceeding in the absence of Dr Besigye and Hajj Lutale, arguing that such a move would violate constitutional guarantees to a fair hearing.
“I notice that only Capt Oola is in court. Dr Besigye and Hajj Lutale are not here. I don’t know the explanation the prisons have,” Ms Karua told court presided over by Justice Emmanuel Baguma.
“I do know the Constitution doesn’t allow the trial of an accused in absentia unless with his or her consent or where that person conducts themselves in a manner that warrants so,” she added.
Justice Baguma then directed prison authorities to explain why the two accused persons had not been produced in court despite the matter having prior been scheduled for today.
Responding to the judge, Assistant Superintendent of Prisons Emmanuel Hiire said the two accused had declined to attend court.
“My Lord, the accused persons are not present, citing pending issues between the lawyers and court,” ASP Hiire told court.
The prosecution team, led by Assistant Director of Public Prosecutions Thomas Jatiko, indicated that it was ready to proceed with the trial and had lined up two witnesses to testify.
However, the absence of the two principal accused persons meant the hearing could not continue.
Capt Oola, who was present in court, also raised concerns about what he described as restrictions imposed by prison authorities on his interaction with his co-accused and lawyers.
“My Lord, I have my personal concern I want to raise. The last time you were here, you told lawyers they are free to access prison. This has not happened. It is very hard to interact with my co-accused. The prison is making it very hard, yet we are jointly charged,” Capt Oola said.
His remarks were met with loud foot-stamping from court users in a show of support.
When Justice Baguma sought clarification on the challenges the defence team was facing at Luzira Prison, Mr Lukwago objected, saying the lawyers could only raise those concerns in the presence of their clients.
The dispute follows complaints raised by the defence team on Wednesday, in which they accused prison authorities of frustrating trial preparations by denying them access to electronic devices such as laptops and projectors needed to review the prosecution’s evidence with their clients.
The lawyers also argued that the one week granted by court to review the voluminous prosecution evidence was insufficient.
Faced with the absence of Dr Besigye and Hajj Lutale, Justice Baguma adjourned the matter to June 30 and ordered prison authorities to ensure the accused persons are produced in court on that date.
“A1 (Dr Besigye) and A2 (Hajj Lutale) are not in court and we can’t proceed without them. Court will issue a production warrant for June 30,” Justice Baguma ruled.