Written By | Peter Luzinda
Dr Besigye and Lutale are facing charges of treason and misprision of treason, allegations they have consistently denied.
Search
KAMPALA
The High Court has been asked to first determine a dispute over legal representation before hearing the treason case against four-time presidential candidate Dr Kizza Besigye and his co-accused, Hajj Obeid Lutale.
Appearing before the Criminal Division of the High Court on Monday, the defence argued that the question of legal representation is a preliminary issue that must be resolved before the trial can lawfully proceed. They submitted that the accused are entitled to be represented by advocates of their choice, describing the matter as central to their constitutional right to a fair hearing.
Dr Besigye and Lutale are facing charges of treason and misprision of treason, allegations they have consistently denied.
The defence maintains that the two accused wish to be represented by a legal team led by Kenyan Senior Counsel Martha Karua and Ugandan lawyer Erias Lukwago. According to the defence lawyers, proceeding before the issue of legal representation is settled would compromise the fairness of the trial.
The application follows recent court proceedings in which the pair's bid for bail was dismissed after they declined to proceed in the absence of members of their preferred legal team.
Prosecutors have urged the court to proceed with the case, arguing that the accused already have legal representation and that there is no basis for further delays.
The High Court is expected to rule on the issue of legal representation before deciding whether the substantive hearing of the treason case can begin. The decision is anticipated to influence the conduct of one of Uganda's most closely watched criminal trials.
