Dr Besigye in the dock
HABARI DAILY I Kampala, Uganda I An amended charge sheet which saw an added charge of “treachery” has dire consequences for the veteran politician Rtd Col Kiiza Besigye.
Treachery was added to a long list of violations when Dr Besigye appeared in court alongside the other two accused Obed Lutale and Captain Dennis Oola, a serving officer with the UPDF Armored Brigade.
Earlier today, the General Court Martial ruled that it can try Dr Besigye on the treachery charge carrying the death penalty. This has escalated the legal troubles the accused faces ahead of presidential elections scheduled for 2026.
On Monday, Dr Besigye defied the General Court Martial and refused to plea to the amended charge of treachery that the State had introduced.
Brig Robert Freeman Mugabe, the Chairman of the seven-member Military Court panel had demanded that he [Dr. Besigye] plead to the new charge of treachery after it was read out to him and his co accused.
Treachery is horrendous
Dr Besigye’s lead defence Lawyer, Matha Karua told court that his client had evoled Rule 23 that he objects to taking the plea. She pointed out that the added charge of treachery was horrendous and the very reason why Captain Dennis Oola was added onto the charge sheet as the third suspect.
Dr Besigye and co-accused Obed Lutale in the dock
Fredrick Mpanga, another of Dr Besigye’s lawyers said that in light of the new charge sheet, the defence team was entitled to making fresh their objections, contrary to the earlier position of the prosecution.
“Once an amendment has been made, the process which was running before comes to an end and starts afresh with a new amendment,” he objected.
Territorial jurisdiction violated
Elias Lukwago, another defence lawyer said that the court lacked territorial jurisdiction to try Dr Besigye and his co accused. “The alleged crimes were committed outside the country, in Nairobi, Kenya, Geneva-Switzerland and Athens-Greece. This honorable court martial has no territorial jurisdiction to entertain the charges as spelled out on the new charge sheet. It would be a violation of Article 23 and 28of the constitution of the Republic of Uganda,” he said.
Judge Advocate Richard Tukacungurwa, passionately defended the amended charge sheet, saying that the principles of civil courts should be observed generally, even in the Court Martial.
Initially, Dr Besigye and Lutale faced charges related to security and possession of fire arms and ammunition until prosecution amended the charge sheet and added the offence of treachery which attracts a death penalty if the accused is found guilty.
