Court Dismisses Besigye's Bail Application for Lack of Prosecution

In a significant development, the High Court has thrown out a bail application submitted by veteran opposition politician Dr. Kizza Besigye and his co-accused, Hajji Obeid Lutale. The decision, delivered by Justice Emmanuel Baguma, was based on what the court termed a “want of prosecution.”

The bail application was intended to secure the release of the two individuals pending further proceedings in an ongoing criminal case. A large legal team, comprising 13 law firms and numerous advocates, was reportedly representing the applicants.

The hearing was initially scheduled for July 3, with the agreement of both the prosecution and the defence. However, on the day of the hearing, none of the defence lawyers appeared in court. Dr. Besigye subsequently informed the court that his legal team was experiencing internal disagreements and insisted that the bail application could not move forward without the presence of Senior Counsel Martha Karua and lawyer Erias Lukwago.

Chief State Attorney Richard Birivumbuka countered this, arguing that the absence of two specific lawyers should not obstruct the proceedings, given the substantial legal representation already in place. He urged the court to dismiss the application.

Justice Baguma concurred with the prosecution’s stance. He stated that the applicants had been afforded an opportunity to pursue their bail application but had chosen not to proceed. The judge viewed the insistence on specific counsel under these circumstances as an abuse of the court process.

Defence lawyer Samuel Muyizzi expressed his dissatisfaction with the ruling, calling it a “smokescreen of justice” and suggesting the decision was politically motivated. He argued that the court and state had created conditions hindering the defence’s progress, particularly regarding Martha Karua’s continued exclusion. Muyizzi indicated that the defence team would be considering their next steps.

Both Dr. Besigye and Hajji Lutale will remain in remand as their substantive criminal case continues.

Source: Nile Post