For nearly 30 minutes, the only sound that dominated the packed High Court courtroom on Wednesday afternoon was the relentless thud of Dr Kizza Besigye’s fists striking the hard-wooden surface of the dock. Each bang echoed through the courtroom, drowning out attempts by the Prosecution to begin presenting its first witness in the treason trial against the veteran Opposition politician and his co-accused, Mr Obeid Lutale and Capt Denis Oola. The afternoon protest gradually transformed an otherwise routine court session into one marked by confusion, shouting and panic. Justice Emmanuel Baguma, the presiding officer, had just directed the Prosecution to begin calling witnesses after rejecting objections by Dr Besigye over a lack of preferred legal representation.
The Prosecution, led by Chief State Attorney Richard Birivumbuka, called its first witness, Mr Andrew Wilson, an American national, who stepped into the witness box ready to testify. But before any meaningful testimony could be heard, Dr Besigye rose in protest. Handcuffed after struggling with prison officers, the four-time presidential candidate repeatedly struck the wooden dock while shouting that the trial should not proceed before he was represented by lawyers of his own choice.
“The country must stop. Must stop these criminals. The country must stop abuse of our laws,” Dr Besigye shouted. The witness attempted to testify, but his voice was barely audible above the continuous banging and the chants from the dock. Court officials, lawyers and journalists watched as the protest continued uninterrupted. Prison officers moved in and restrained Dr Besigye by handcuffing him after a brief struggle, despite the usual practice that accused persons are not restrained while inside the court dock unless security circumstances demand otherwise. Even while restrained, Dr Besigye continued shouting.
”Stop! Stop! Stop! Stop!” he cried. Moments later, his voice faded. Still wearing a blue face mask, Dr Besigye slowly slumped to the floor, collapsing between his co-accused. The courtroom instantly fell silent with panic setting in. Prison officers rushed to his side as court orderlies and medical personnel were alerted. Proceedings came to an abrupt halt as officials called for ambulances. Within minutes, ambulances from the Uganda Prisons Service and the Ministry of Health were driven and parked at the court premises. Dr Besigye was lifted from the courtroom and reportedly rushed to Mulago National Referral Hospital for emergency medical attention.
The dramatic collapse followed a heated exchange between Dr Besigye and Justice Baguma earlier. Dr Besigye had pleaded with the judge to postpone the hearing, arguing that his preferred lawyers were unavailable. He cited the deportation of Kenyan lawyer Martha Karua and the continued detention of lawyer and co-accused Erias Lukwago. He even asked the court to allow him leave the courtroom and be tried in his absence rather than proceed without legal counsel of his choice. Justice Baguma declined the request. Assistant Director of Public Prosecutions Thomas Jatiko argued that there was no legal barrier preventing the State from opening its case, saying the matter had already been delayed for a long time.
Three lawyers appointed by the State under the legal aid scheme informed the court that they had attempted to meet Dr Besigye and Lutale in prison but both had declined to instruct them.
”We proceeded to prison to interface with them. Dr Besigye and Lutale declined to interface with us, but we were able to interface with Capt Oola, who gave us instructions to represent him, and we are ready to proceed,” lawyer Sylvia Namwejje Ebitu told the court. In his ruling, Justice Baguma said the accused persons had not been denied legal representation of their choice.
He noted that several lawyers remained formally on record for the accused and that, apart from one law firm that had officially withdrawn, none had notified the court that they had ceased acting for them. The judge further ruled that a separate application before another judge regarding legal representation could not halt the commencement of the trial. Yesterday, Dr Besigye’s co-accused, Mr Lutale and Capt Oola, were brought back to court, but the treason trial didn’t take place as the State-appointed lawyers of Dr Besigye sought to understand his health status since the law demands that an accused person has to be present for the trial to proceed. Justice Baguma adjourned the court proceedings to August 4.