High Court Judge has dismissed jailed Dr. Kiiza Besigye and Hajji Obeid Lutale’s application on the contentious issue of Legal Representation in the treason trial against the them.
Justice Kinobe has concurred with the treason trial Judge Emmanuel Baguma that Besigye and Hajji Obeid Lutale have engaged over 13 law firms of their choice, with instructions to fully represent them; which demonstrates that their constitutional entitlement has been respected and safeguarded.
Justice Simon Kinobe also observed that Besigye and Hajji Obeid Lutale failed to present evidence to show that Gen. Muhoozi Kainerugaba and the Attorney General of Government deliberately interfered with or substantially impaired their constitutional right to legal representation.
Justice Kinobe says that the evidence on record shows that the accused politicians were afforded adequate time to re-organise their defense; and that the exercise of this right must be undertaken by appointing lawyers who are reasonably available to attend Court for the purpose, so as to ensure the expeditious conduct of proceedings in line with the law.
However on the question of the denial of entry to any person in the case of Besigye’s Kenyan Lawyer Martha Karua who was deported back to Kenya; and told that she was no longer welcome to Uganda; Justice Kinobe has declined to determine the legality of this administrative immigration decision in these proceedings;saying a direct challenge to this decision falls with the supervisory jurisdiction of the High Court and is properly persuaded by way of judicial review.
It is against this background that Justice Kinobe has dismissed Besigye’s application on legal representation with no orders as to costs.
Besigye treason case was adjourned to 18th/August for the Commissioner General of Prisons to furnish Justice Emmanuel Baguma with a medical report on Besigye’s state of health, after he collapsed in Court over the issue of unresolved legal.
