No trying Dr Besigye without addressing our concerns – lawyers

KAMPALA. Lawyers representing veteran opposition politician Kizza Besigye have vowed to oppose the commencement of his trial until the court first hears and determines several pending applications, including requests for bail and redress over alleged violations of his fundamental rights.

The position was announced on Monday after the High Court Criminal Division, presided over by Justice Emmanuel Baguma, formally closed the pre-trial hearing and set June 11, 2026, as the date for the start of the trial involving Besigye and his co-accused, Obeid Lutale and Denis Ola.

Speaking to Journalists outside court, lead defence Counsel Erias Lukwago said the defence team would not participate in the trial unless their outstanding applications are first addressed.

“We want to let the trial judge know that we won’t be part of the trial if our requests are not addressed,” Lukwago said.

Proceedings, which had been scheduled to begin at 11:00 a.m., started nearly an hour late after delays in transporting the accused persons from prison. Upon taking the bench, Justice Baguma sought an explanation from prison authorities before the hearing commenced.

During the session, the defence tabled several requests aimed at facilitating trial preparation. These included unrestricted access to the accused while in custody, provision of a private and spacious consultation room, and permission to use electronic equipment for presenting audiovisual evidence. The defence also requested that an information technology expert and a forensic analyst be allowed to participate in the proceedings.

While the prosecution reportedly raised no objection to most of the requests, disagreements emerged over the disclosure of evidence. Defence lawyers argued that they had been supplied with police statements rather than witness statements and sought clarification on the order in which prosecution witnesses would testify.

Tensions escalated when Justice Baguma indicated that he intended to conclude the pre-trial process. The defence objected, arguing that two substantive applications remained unresolved — an application for bail and another alleging violations of the accused persons’ constitutional rights.

Besigye also addressed the court, expressing dissatisfaction with the direction of the proceedings and questioning the decision to appoint assessors and close the pre-trial stage before determining the pending applications.

“Let Mr Museveni stop being shy and reenact detention without trial, so that he stops harassing courts to do what you are doing,” Besigye told the court.

Despite the objections, Justice Baguma formally closed the pre-trial hearing and scheduled the matter for trial on June 11.

The decision left Besigye and his legal team visibly dissatisfied and sets the stage for a possible legal confrontation when the case returns to court later this week.

Under Uganda’s criminal justice system, pre-trial proceedings are intended to streamline the trial process by resolving procedural issues, confirming disclosure of evidence, and identifying matters in dispute before the substantive hearing begins. Bail applications and constitutional challenges may be heard separately, although courts retain discretion on how and when such applications are determined.

Besigye’s case has attracted significant public attention because of his long-standing role in opposition politics and previous legal battles with the state. The outcome of the pending applications is likely to influence the course of the trial as both sides prepare for the next phase of proceedings.

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