Africa-Press – Uganda. Before Justice Emmanuel Baguma, the defence made a spirited submission that challenged the reasons for the accused persons of Dr Kizza Besigye and his aide Obeid Lutale not appearing in court as scheduled. Dr Besigye is indisposed as this health deteroriates, his wife has said.
Defence: Hanifah Namakula, David Mpanga
State: Thomas Jatiko – Assistant Director of Public ProsecutionJudge: I have received a letter from the Deputy Registrar of the Criminal Division requesting that the Besigye matter be heard via Zoom, as they are unable to produce the accused persons.
Lukwago (Defence): With due respect, My Lord, that explanation is insufficient. No reason has been provided as to why the accused persons cannot be brought to court.
Judge: Due to health concerns, they are unable to be brought to court.
Lukwago: We cannot proceed with a Zoom hearing. Two of the accused are not sick and should have been produced. It is irrational not to produce all three. Dr. Besigye’s inability to appear in court shows he cannot stand trial. He is seriously ill, and efforts to transfer him to better facilities have failed. We pray the court directs that he be transferred to a facility of his choice to receive specialized treatment.
Mpanga (Defence): The letter does not state the nature of the illness or whether the accused can stand trial. Article 28(5) mandates the accused’s physical presence, and the trial cannot proceed without his consent. We request the trial continues only when all accused are present.
Major Busagwa Simon Nsubuga (Counsel for Denis Ola): We pray for adjournment.
Birivumbuka (Prosecution): We sympathize with the senior citizen, but the Deputy Registrar’s letter requesting Zoom could have been used to confirm his illness. The defense argument does not apply. An accused may appear via audiovisual links under Rule 5(e) of the Judicature Visual Audio Links Rules of 2026, including for health reasons. The prosecution leaves it to the court’s guidance.
Judge Emmanuel Baguma:
Lukwago: It is strange that proof of Dr. Besigye’s sickness is being requested. The evidence should come from the register or judge’s communication. Colleague Bayan Turinawe visited him in prison and confirmed he is indisposed. Dr. Besigye is entitled to services of his personal physician. Article 28 mandates his physical presence; the state’s submission is irrelevant.
Apollo Katumba (Defense): The rules cited by the state have been repealed. The accused should have requested virtual proceedings, not the state or Registrar. Efforts to see the accused in court were futile.
Counsel Bayern Turinawe: I attempted to meet the accused to sign affidavits but failed at Luzira. Besigye could not move from his cell to the prison conference room, which serves as a virtual court. Asking him to appear via Zoom to examine his sickness is unreasonable; he cannot appear there. We pray for adjournment for his physical appearance.
Judge’s Ruling: I have carefully considered the submissions and the letter from Luzira Prison. It is undisputed that Dr Besigye has health concerns. Both parties agree the trial cannot proceed. In the interest of the accused, I order a three-week adjournment for the physical appearance of all accused persons. There is no indication that his health issues cannot be handled at Luzira. I so order.
For More News And Analysis About Uganda Follow Africa-Press
