BESIGYE: Court orders full disclosure in treason trial

Kampala, Uganda | THE INDEPENDENT | The High Court Criminal Division in Kampala has ordered the Office of the Director of Public Prosecutions (DPP) to fully disclose all evidence it intends to rely upon in the treason trial of opposition politician Dr. Kizza Besigye and his co-accused. Dr. Besigye appeared in court on Tuesday alongside Obeid Lutale and Captain Denis Oola before Criminal Division Judge Emmanuel Baguma in a courtroom packed with relatives, friends, and supporters.

The trio faces charges of allegedly plotting to overthrow the government of Yoweri Kaguta Museveni. Proceedings were dominated by sharp exchanges between prosecution and defence lawyers over the delayed disclosure of evidence. Assistant Director of Public Prosecutions Thomas Jatiko, alongside Chief State Attorney Richard Birivumbuka, told the court that partial disclosure had already been made.

He said materials shared include transcribed audio and video recordings, witness statements, and other documentary evidence. Jatiko explained that the State was still preparing additional material, including a forensic report, and converting evidence into accessible formats such as flash disks for the 18 defence lawyers. “If given until next week, we will have fully disclosed,” Jatiko submitted while seeking an adjournment. However, the defence strongly objected.

Kampala Lord Mayor Erias Lukwago, one of Besigye’s lawyers, argued that the prosecution had violated earlier court timelines. He cited proceedings of December 30, 2025, which he said required full disclosure by January 21, 2026. Lukwago told the court the defence had received only one file marked “Volume 1” and had not been informed how many additional volumes the State intends to rely on.

“Today, we are getting the shock of our lives that disclosure is not ready. The court should not entertain this,” Lukwago said. He added that continued delays were prejudicial, noting Besigye remains on remand after being denied bail. Prosecution disagreed. Jatiko maintained that the December 30 sitting did not impose a specific deadline for full disclosure and said the materials required time to organise.

Another defence lawyer, Eron Kiiza, argued that proper trial scheduling cannot proceed without full disclosure, accusing the prosecution of unnecessary delay. Ernest Kalibala also declined to participate in scheduling discussions until all evidence is shared. After hearing both sides, Justice Baguma ruled that, in the interest of justice and given the gravity of the case, the prosecution must complete full disclosure by March 3, 2026.

The matter was adjourned to March 3 for scheduling, with the case set to return to court again on March 12, 2026. Outside court, Besigye’s wife, Winnie Byanyima, criticised what she described as delayed disclosure. “This is not prosecution; it is persecution,” she told journalists. She alleged that the defence was being pushed to proceed without full knowledge of the evidence and also raised concerns about political interference in both judicial and religious matters.

Byanyima further claimed that on Monday, President Museveni contacted Paul Ssemogerere regarding a planned prayer Mass for Besigye at Lubaga Cathedral. She said she would continue praying for her husband despite the circumstances. Dr. Besigye, Lutale, and Oola are accused of holding meetings in Geneva, Athens, Nairobi, and Kampala to solicit funds, acquire weapons, and organise paramilitary activities.

Prosecutors allege that Besigye met a Kurdish intelligence operative identified as Andrew Wilson and received 5,000 US dollars to facilitate the transport of 36 Ugandan recruits to Kisumu for military training. The recruits were reportedly intercepted and deported before the training began. The State further alleges the accused sought weapons, including surface-to-air missiles, toxic substances, and drone technology to target President Museveni.

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