KAMPALA, Uganda — Opposition politician Dr Kizza Besigye has rejected claims that he is struggling to secure legal representation, telling the High Court that his defence team has been disrupted by what he described as harassment, abductions and deportations of his lawyers.
The exchange occurred during proceedings before Justice Emmanuel Baguma, who directed Besigye and his co-accused to choose lawyers from the state-funded legal representation list or risk having lawyers appointed for them.
Besigye told court that his legal team had been prepared to represent him but that their participation had been affected by actions against some of his lawyers.
“We don’t have any difficulty getting lawyers. In fact, we had a legal team whose competence we were comfortable with, who would have been in court representing us if court had cared to resolve the issues concerning their safety and security,” Besigye said.
He accused the state of interfering with his legal representation, saying some members of his defence team had been harassed, abducted and deported.
“Our lawyers have been harassed, abducted, deported by the state,” he told court.
The remarks followed concerns raised by Besigye and his co-accused, Hajj Obeid Lutale, over the absence of some members of their preferred legal team, including former Kampala Lord Mayor Erias Lukwago and Kenyan senior counsel Martha Karua. Karua was deported from Uganda after being detained at Entebbe International Airport, while Lukwago was arrested and later charged in connection with treason-related allegations.
Court Orders Alternative Legal Representation
Justice Baguma said while accused persons have a constitutional right to choose their lawyers, proceedings could not continue indefinitely without legal representation.
The judge told Besigye that he would have to select from lawyers provided under the state-funded legal aid arrangement or court would appoint one on his behalf.
“You will have to choose from these lawyers or I will choose for you,” Justice Baguma said.
The court had earlier ruled that the treason trial would proceed and directed that legal representation be regularised to allow the hearing to move forward. The judge said the right to counsel must be balanced with the need for the justice process to continue.
Besigye and Lutale have maintained that they want to be represented by their lawyers of choice, arguing that forcing them to accept alternative counsel would violate their right to a fair hearing.
Background to Legal Team Dispute
The dispute over legal representation has been a recurring issue in Besigye’s treason case, with his lawyers previously raising concerns over access to their clients and the safety of members of the defence team.
The state, however, has argued that the accused must have legal representation to ensure the trial proceeds and has maintained that the court has authority to appoint counsel where necessary.
Besigye, Lutale and UPDF Captain Denis Oola are facing treason charges over allegations that they plotted to overthrow the government. The accused have denied the allegations and challenged the manner in which the case has been handled.
The court’s directive now places pressure on the accused to decide whether to accept lawyers from the state-funded list or await appointment by the court as the trial moves forward.
