By Nasser Kayanja
Opposition politician Rt. Col. (Rtd) Dr. Kizza Besigye and his aide, Hajji Obeid Lutale, on Thursday boycotted the commencement of their treason trial, citing unresolved issues that they say continue to affect their right to a fair hearing.
The two accused persons were expected to appear before the High Court Criminal Division for the start of the trial. However, only their co-accused, UPDF Captain Denis Oola, was produced in court.
Assistant Superintendent of Prisons (ASP) Emmanuel Hiire informed trial judge Justice Emmanuel Baguma that Dr. Besigye and Hajji Lutale had declined to attend the proceedings due to pending concerns that they believe have not been addressed.
In response, Kenyan Senior Counsel Martha Karua told the court that the trial could not proceed in the absence of the two accused persons. She argued that the Constitution requires accused persons to be present during their trial unless they voluntarily waive that right or conduct themselves in a manner that justifies their exclusion from court proceedings.
The defence team further complained that despite earlier orders issued by Justice Baguma granting lawyers access to their clients in prison, prison authorities had allegedly frustrated those efforts by monitoring and eavesdropping on confidential lawyer-client conversations.
The matter was raised before the court as the defence continued to press for assurances that the accused persons’ constitutional rights would be fully protected before the trial proceeds.
The case was adjourned as the court considered the concerns raised by the defence.