KAMPALA, Uganda — Four-time presidential candidate Dr Kizza Besigye has asked the High Court to suspend proceedings in his treason case until it first rules on a dispute surrounding his legal representation, arguing that the matter goes to the heart of his right to a fair trial.
During proceedings before the Criminal Division of the High Court on Monday, Besigye’s defence team submitted that the trial should not commence while questions remain over the advocates representing the accused.
The lawyers argued that resolving the issue is a necessary preliminary step before any evidence can be heard.
Besigye and his co-accused, Hajj Obeid Lutale, are charged with treason and misprision of treason. Both men have pleaded not guilty and continue to challenge aspects of the prosecution’s case.
The defence insists that the two accused should be represented by a legal team led by Kenyan Senior Counsel Martha Karua and Kampala Lord Mayor Erias Lukwago, maintaining that denying them counsel of their choice would undermine guarantees of a fair hearing under Uganda’s Constitution.
The prosecution, however, maintains that the accused already have legal representation and has urged the court to proceed with the trial without further delay.
The application comes amid a series of procedural disputes that have delayed progress in the high-profile case, including the dismissal of the accused’s bail application after they declined to proceed in the absence of members of their preferred legal team.
The High Court is expected to determine the legal representation question before deciding whether the substantive hearing of the treason charges can begin.
The ruling is likely to set the tone for the conduct of the trial, which has attracted widespread public and political attention.
