Prosecutors at the General Court Martial in Makindye have sought permission to amend the charge sheet to introduce the new charges against Dr. Kizza Besigye and Haji Obeid Lutaale Kamulegeya.
The dou was initially accused of illegal possession of ammunition and firearms.
On Tuesday afternoon, the prosecution, led by Col. Raphael Mugisha, informed the Court, presided over by Brigadier Robert Freeman Mugabe, about the development.
Mugisha explained that during the course of investigations, new details had emerged.
However, he was not allowed to go into specifics, as Besigye’s legal team, led by Martha Karua, indicated they were not ready to proceed due to the absence of one of their colleagues, Eron Kiiza, who had been arrested earlier in the courtroom.
Sources within the military suggested that although they hadn’t reviewed the charge sheet, “treachery charges” were likely to be added.
When the Court reconvened at 2 pm, after giving Besigye’s lawyers time to speak with their clients, Karua stated they were ready to proceed with the lawyers present in court, including Eron Kiiza, despite his arrest.
On the matter of instructions, Lawyer Erias Lukwago presented a team of 29 lawyers, led by Martha Karua, which included Fredrick Mpanga, Godfrey Akakimpa, Nalukoola Luyimbazi, Samuel Wanda, Abdullah Kiwanuka, Abubaker Ssekanjako, Michael Kintu, and others.
He confirmed that this team, along with others already recorded by the Court, had recieved instructions to represent Besigye.
Lukwago requested that the document detailing their instructions be tendered before the Court.
However, since the document was not typed, Brigadier Robert Freeman Mugabe instructed the lawyers to prepare a clean, properly typed version before proceeding.
Lukwago also stated that they would not receive the ruling unless the issue of Eron Kiiza’s detention was addressed.
He expressed concern that the legal team was incomplete without Kiiza, noting that each lawyer had specific duties related to the case.
Lukwago requested that Kiiza’s situation be clarified, noting that if he had charges to answer, those should be resolved.
Lukwago also expressed frustration with the conditions at Luzira Prison, describing it as a “nightmare” for them. In response, Mugabe called in the Prisons staff to explain why the lawyers were not being granted access to their clients.
A senior prison officer present in Court explained that to access Luzira Prison, a lawyer must provide an introduction letter from the law firm they represent, the purpose of their visit, and an identity card from the Uganda Law Society (ULS) to confirm their legal status.
The prison officer stated that the lawyers who had complained were given access to the accused persons, refuting claims that they were denied entry.
In his ruling, Mugabe stated that the Court would deliberate on the conduct of Eron Kiiza later, noting that his behavior in court had been problematic.
He mentioned that Kiiza had been previously warned for shouting in Court and banging on metal surfaces.
As a result, Besigye and Lutaale have been remanded until January 13, 2025. The Court has now adjourned for lunch and will reconvene to address the issue concerning Eron Kiiza