Defense lawyers request military court to caution its security personnel against mistreating them.
On Tuesday December 10th at 10:30 am, about 40 defense lawyers representing the four- time presidential candidate Dr Kizza Besigye and his co-accused Hajji Obed Lutale Kamulegeya go through a thorough check at the gate leading to the General court Martial premises and a role call is carried out to identify the learned Counsels.
The duo who is accused of threatening the security of Uganda with two pistols and eight live ammunitions is brought to the army court in a prison drone vehicle accompanied by military men.
The case that had come up for mention ends up in accusations and counter accusations leading to its adjournment till January 7 /2025. The expected ruling of preliminary objections earlier raised by Counsel Erias Lukwago wasn’t delivered. The seven-man panel of court is chaired by Brig Robert Freeman Mugabe.
Our reporter Siraje Lubwama who attended the two-hour court session brings you the abridged verbatim version of the proceedings.
The Judge Advocate in the case; Col Richard Tukacwungurwa and L. Col Raphael Mugisha lead the three-man prosecution desk. (Registrar reads out the court file and retired Kiiza Besigye and his co-accused Hajj Obed Lutale are brought into the metallic cell and unhandcuffed).
Mugisha: The prosecution team is led by myself Raphael Mugisha and assisted by two others.
Tukacwungurwa: Let the Lord Mayor Erias Lukwago introduce his team.
The second issue Mr. chairman is that the last time we appeared here, we adjourned on the note that there were processes we were still pursuing regarding her [Martha’s] practicing certificate to be able to have an audience before this honorable tribunal.
It is actually on this account that this honorable tribunal deems it necessary to have the proceedings differed to allow us the time to finalize the process. As we stand today, the status quo hasn’t changed, Mr. Chairman, some matters are still at the Uganda Law Council (ULC).
Lukwago: May you please Mr. Chairman and members before I introduce our team which is boosted by another human right lawyer from Angola Ms. Emili Nangcovia and Kieme Gicheru from Kenya, allow me to first address two issues; First is the sitting arrangement, we can’t properly coordinate and share notes while some of our colleagues are standing yet we even need to consult ourselves when we are comfortably seated.
(Lukwago reads a paragraph from the ULC reply letter to Martha). “The ULC observed from open sources that the contingent of advocates that Mr. Erias Lukwago plans to represent Dr Besigye consists of more than 30 lawyers, there is no indication that you intend to bring any special skills or knowledge that the contingent of the legal practitioners in Uganda do not hold.”
Chairman: We have already seen the ULC reply in the papers and we have discussed this with you before we convened.
Lukwago: Mr. Chairman I can’t tell which papers you read. I thought court acts on evidence not news. Article 28 of the Constitution provides for a right to a fair hearing and Article 23 talks about deprivation of personal liberty.
Our clients have a right to choose their lawyers and as we talk now, Martha is still our lead Counsel as per our clients’ instructions. This tribunal must permit the accused persons a chance to have the lawyers of their choices who they feel are competent to handle their case. They want our legal team to be fully constituted.
Chairman: We agree, but let start with you as lead lawyer for defense as she sorts out the issue of the practicing certificate.
Lukwago: I have not been instructed to lead this team. The accused persons are in the process of constituting a bigger defense team and they have a right to effectively prepare their team with the number of lawyers they deem fit.
Tukacwungurwa: We can proceed with the ten lawyers who fulfilled the requirements of appearing before this court including Lukwago because the others can’t be allowed to appear before this court according to section 169 of the Penal code, you can read it.
Chairman: The judge Advocate says we proceed with the ten lawyers.
Lukwago: The judge Advocate is quoting sections for a tribunal and we are quoting laws of a competent court.
Tukacwungurwa: This is not a tribunal, section 212 says…
Counsel Eron Kiiza interjects in a bid to warn the Judge Advocate not to mislead court.
Tukacwungurwa: I insist, this is a court, not a tribunal according to the law I know, stop shouting anyhow, we are not on a political rally.
Arguments and counter arguments.
Counsel Eron Kiiza: Hon. Chairman and members of the military tribunal, I want to start with the issue of one of our colleagues.
This morning as we were preparing to come to this tribunal, we got sad news that one of our Colleague on the defense team, retired Maj Ronald Iduuli has been abducted at night by security men in uniform with no tags.
If he was here, he would make our team complete but we cannot proceed without him. We pray that this court gives warning to the abduction of civilians and we need him to continue with our defense process.
Chairman: Since you seem to know the people who abducted him, you can fall up on the matter, we are not yet informed about his arrest or kidnap.
Nalukoola: Mr. Chairman, for record purposes my name is Luyimbaazi Nalukoola. I rise to express our displeasure as regards to the manner in which we have been treated at the entrance. When we enter here in these premises, we are supposed to be officers of court and we must be treated as such.
However, after here, we go back home when we don’t need any further gym because we are so tired. Even now, we are so tired because of the mistreatment the soldiers take us through, this should change.
Indeed, there is nothing that resembles court depending on the conduct of the soldiers outside there. Your soldiers out there determine who to allow in, who to speak, where to sit… the way we are being treated is like we are being persecuted.
We are not happy with how you are treating us like criminals. We love you guys…we love you. Don’t treat us like that. Tukooyee (literally meaning we are tired).
Kato: Mr. Chairman, for the record, I am Kato Tumusiime for defense. Am supplementing my learned friend Nalukoola’s submission, the mean-looking security officers manning the security at the court entrance don’t have name tags on their uniforms, an omission that they use to mercilessly mistreat the court users.
We are told to identify ourselves which we do. We do identify ourselves before we access the premises. This is a public court.
As we speak now, you can look at the men here in uniform, without name tags even when the space is provided. You members of the tribunal have name tags on your uniforms. The character depicted by your men at the entrance is not of good conduct.
Mugisha: It is the conduct of the defense lawyers that attracts such kind of treatment.
Chairman: I have heard about the conduct and I have heard from the other side, I will interact with these people at the gate who are manning the security and that will be resolved. (attracting cheers from court goers).
Tukacwungurwa: Let us sort out the issue of representation first.
Kiiza: This tribunal is not a court of jurisdiction, soldiers treat us like criminals, it’s more like a kangaroo court.
Tukacwungurwa: (in an angry tone). Counsel Kiiza, if you read the UPDF Act, they don’t have the word tribunal, I don’t want to hear the word tribunal, this is a court martial.
Kiiza: Judge Advocate, you are not supposed to exchange with me, you are not a member of the court, you are here to advise its members and they tell me.
Tukacwungurwa: (threatening) You wait to read the law. If you are not careful, you will end up in the hands of the law. (he is booed by Besigye’s supporters).
Kiiza: Even you, you may end up there.
Chairman: Counsel Kizza you can tone down.
Mugisha: I wish to complain about the conduct of the defense lawyers especially Counsel Eron Kiiza, before he entered this court, he first made some press-ups outside.
Kiiza: I am in the habit of making press-ups because I don’t want to look fat like some people. (Laughter in the parked courtroom).
Mugisha prayed for an order to the defence team to stop discussing the ongoing matter in the press and public places. In reply, Lukwago said in public, they discuss determined cases like the Constitutional Court orders which bars civilians from being prosecuted in army court. Lukwago also blamed the Prosecution for letting out videos with Besigye’s voice discussing gun issues.
Lukwago submitted that in the event that this order barring discussion of Besigye’s case in public is grante, it should go globally because it is being discussed on international medias like BBC.
The case was adjourned to January 7/2025 to give the defense team ample time to organize themselves better.
By; Siraje Lubwama,
Senior Investigative Journalist in crime, court land matters, human Rights.
Freelance Journalist, with Alternative Digitalk