Fresh questions have arisen over whether the treason trial of opposition politician Dr Kizza Besigye will begin as scheduled after his lawyers accused prison authorities of failing to implement court-ordered measures intended to facilitate trial preparations.
In a letter to the Deputy Registrar of the High Court Criminal Division, lawyers representing Dr Besigye and his co-accused, Hajji Obeid Lutale Kamulegeya, said they had not received confirmation that arrangements ordered by the court had been put in place at Luzira Prison ahead of the hearing due to start on 11 June.
The concerns come days after the High Court rejected an application seeking a Constitutional Court interpretation on whether the accused had been given adequate time and facilities to prepare their defence.
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In correspondence dated 5 June, M/s Lukwago & Co Advocates said Justice Emmanuel Baguma had directed prison authorities to allow lawyers access to their clients during weekends and public holidays and provide conditions necessary for effective consultations.
However, the defence team said those directives had not yet been implemented.
“To date, we have not received any notification that such a letter has been written to or that permission was granted by the prison authorities,” the lawyers wrote.
They further claimed that one of their lawyers, Bayrn Turinawe, was denied entry into Luzira Prison with a laptop and flash drives on 4 June despite the court’s directions.
According to the defence, the incident suggests that either the communication from court was never delivered or prison authorities had not authorised the requested arrangements.
The lawyers argue that the restrictions could undermine preparations in a case involving treason charges, one of the most serious offences under Ugandan law.
They have asked for a dedicated consultation room free from the presence of state officials and large enough to accommodate between 15 and 20 lawyers and assistants.
The defence also requested unrestricted access to the prison facility between 8am and 6pm to enable lengthy consultations, evidence review, witness identification and trial preparation.
In addition, the lawyers want permission to bring laptops, mobile phones, projectors, headphones, flash drives and other legal materials into the prison, as well as access to a secure internet connection.
They further requested that an information technology specialist and an independent forensic examiner be allowed to assist with reviewing evidence.
“Access to the facility with all case files, flash drives, notebooks, pens, statute books in hard and soft copy is necessary for effective consultations,” the lawyers said.
The latest complaint adds to a series of disputes surrounding preparations for the trial.
Earlier, Justice Baguma declined to refer constitutional questions raised by the defence to the Constitutional Court, ruling that the issues did not amount to substantial constitutional matters requiring interpretation.
The court subsequently maintained its timetable for pre-trial proceedings and the commencement of the hearing.
Dr Besigye, Lutale and Uganda People’s Defence Forces officer Capt Denis Oola are accused of participating in meetings in Uganda and abroad between 2023 and 2024 as part of an alleged plot to overthrow the government.
Prosecutors are expected to call several witnesses, including former Chief of Military Intelligence Maj Gen James Birungi.
While the case remains scheduled to proceed, the defence insists that key consultation arrangements have yet to be implemented, raising further uncertainty over whether the long-awaited trial will begin as planned.
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