The Office of the Director of Public Prosecutions (ODPP) has asked the High Court to cite one of Dr Kizza Besigye’s defence lawyers, Eron Kiiza, for criminal contempt of court, accusing him of publishing prejudicial comments about an ongoing treason trial on social media.
In an application filed before the Criminal Division of the High Court on August 4, the prosecution alleges that Mr Kiiza violated the sub judice rule by commenting on the merits of the case, naming a state witness and making statements that could prejudice the trial.
The State wants the court to find Mr Kiiza guilty of criminal contempt and commit him to civil prison or, alternatively, impose a punitive fine.
“Take notice that this honourable court shall be moved for orders that the respondent (lawyer Kiiza) be found guilty of criminal contempt of court for violating the sub judice rule and scandalising the court by publishing highly prejudicial and derogatory statements; naming a state witness and attacking his credibility; and making and/or attracting public commentary on the merits of the case on his public X platform @kiizaeron on an active, ongoing trial of Uganda versus Dr Kizza Besigye and two others,” the application states.
The prosecution is also seeking orders directing Mr Kiiza to permanently delete the contested posts from his X account and refrain from making further public comments about the merits, evidence or legitimacy of the ongoing proceedings.
In addition, the DPP wants the lawyer to publish a court-approved retraction and unconditional apology on his X account for seven consecutive days.
According to an affidavit sworn by Detective Inspector of Police Benedict Odyeke, the lead investigator in the Besigye treason case, there is an active criminal trial before the High Court involving Dr Besigye and his co-accused, and the defence lawyer’s online posts amount to an attempt to influence public opinion.
Mr Odyeke alleges that Mr Kiiza used his verified social media platforms to conduct what he described as a “parallel trial” by commenting on the evidence and questioning the legitimacy of the court process.
“The respondent’s public posts explicitly and impliedly label state witness Andrew Wilson Orlando’s police statements as ‘untrue’, declare him a ‘liar’ and publicly instigate a boycott of the court processes by the State-appointed advocates,” Mr Odyeke states in his affidavit.
He further argues that the publications pose “a real, clear and present risk” of prejudicing the proceedings, intimidating prospective prosecution witnesses and undermining public confidence in the administration of justice.
Dr Besigye, Hajj Obeid Lutale and Capt Denis Oola are jointly charged with treason over allegations that they participated in meetings held in Uganda and abroad between 2023 and 2024 as part of a plot to overthrow the government. They have denied the charges.
The contempt application comes about two weeks after Dr Besigye protested the commencement of his trial, arguing that he had been denied legal representation by counsel of his choice. He collapsed in the court dock before being rushed to Mulago Hospital, where he has been since.
His preferred lawyers, Erias Lukwago and Martha Karua, have been unable to represent him after Mr Lukwago was jailed over misprison of treason charges while Ms Karua was barred from entering Uganda.
This is not the first time Mr Kiiza has faced contempt proceedings arising from Dr Besigye’s cases.
In January last year, the General Court Martial summarily convicted him of contempt of court and sentenced him to nine months’ imprisonment after accusing him of gross professional misconduct during court proceedings.
The military court alleged that Mr Kiiza confronted and assaulted a court orderly in a heated courtroom exchange. However, after serving nearly half of the sentence at Kitalya Prison, the High Court released him on bail.
He has since appealed against the Court Martial conviction and sentence.