By KT Reporter
The Nakawa Chief Magistrates court has temporarily halted hearing of the application in which the office of the Director of Public Prosecutions was seeking to access, analyze and examine phones for jailed opposition politician Dr Kizza Besigye and his co accused Hajji Obeid Lutaale Kamulegeya.
On Friday, the Chief Magistrate Esther Nyadoi was prompted to halt the hearing of the matter following a disagreement between Besigye’s lawyers and the Prosecution. This was after Besigye’s lawyers made an application to cross-examine the Police Officer Detective Benedict Odyek, who swore an affidavit supporting the DPP’s request to allow them as investigators access the phones for the accused.
However, the prosecution objected and made an application seeking to have the cross-examination done in camera without media covering the detective who is part of the ongoing investigations in the main case in which the duo, together with Captain Denis Oola, are charged with treason and misprision of treason.
Chief State Attorney Richard Birivumbuka told the Magistrate that exposing the detective to the public at this premature stage of the trial will be prejudicial to the substantive matter that will be awaiting trial in the High Court, yet the investigations are still ongoing.
The prosecutor also added that, following the tense environment in court full of emotions, there is a need to have security for Odyek and that the Nakawa court has no jurisdiction to hear this case; there is no way Odyek can appear in an open court for cross-examination.
Prosecution also asked court, to have the press excluded from this matter starting Article 28(1)(2) of the constitution, that although this is a public interest case where court is vest with discretion to allow the media in the proceedings, this cannot be done at this material time of the proceedings.
The prayers were, however, objected to by Besigye’s legal team led by Frederick Mpanga because the prosecution had not expressed any genuine grounds to have Odyeke cross-examined in camera in such a public interest case.
Basing their argument under Article 126 (1), which highlights that the Judiciary derives its power from the people, the defence then added that having Odyeke to testify in camera will interfere with the right to a fair hearing and a public hearing to the accused.
On the issue of excluding media from the proceedings, Besigye’s lawyers said there is a need for a public hearing by the accused, and that, this being a public interest matter, the media cannot be excluded. They asked the court to dismiss the application for lack of legal basis.
In delivering her ruling, Nyandoi, on the grounds of maintaining the integrity of the trial and since the investigations are still ongoing, she declined to grant Besigye’s legal team prayer. She ordered the investigating officer, Odyeke Benedict, to be cross-examined without the public and the media.
However, immediately after receiving the ruling, Besigye’s legal team asked the court to be provided with the record of the ruling, to make a review in the High Court, which prayer was objected to by the Prosecution again.
The court later agreed with Besigye’s legal team’s prayer to review its ruling in the High Court. The proceedings were accordingly adjourned up to April 30th 2025, and Besigye, Lutaale and Captain Oola were further remanded until then for mention, pending filing, hearing and determination of the application for revision.
The Prosecutors allege that the trio, while in various cities including Geneva, Switzerland, Athens in Greece and Nairobi in Kenya and Kampala in Uganda, solicited firearms, logistical and financial support and attended meetings with intentions to overthrow the current government of Uganda.
Besigye and Lutaale have been in prison since November 16th 2024, when they were first arrested in Kenya and later brought to Uganda and arraigned before the Military Court in Makindye on charges of treachery and illegal possession of firearms-URN. Give us feedback on this story through our email: kamwokyatimes@gmail.com
