Veteran opposition leader Col (Rtd) Dr Kizza Besigye and his co-accused Hajji Obed Lutale Kamulegeya have been denied bail even after spending 147 days in prison on remand.
The ruling was supposed to be delivered by Lady Justice Rosette Comfort Kania of the High Court in Kampala but it was read by Acting Registrar Didas Muhumuza.
Although the judge ruled that Besigye and Lutale had presented substantial sureties, she went ahead to deny them bail on grounds that the charges against them were grave in nature and that given that these were allegedly committed in several jurisdictions and because of Besigye’s status, he had the wherewithal to interfere with investigations.
Up to 147 days since Besigye and Lutale were kidnapped from Kenya, the state is still conducting investigations into their alleged crimes.
“The charges against the applicants are among the gravest, if not the gravest in our statutory books. The offences are alleged to have been committed in various locations in Uganda and other countries requiring more time and resources to conclude investigations,” ruled Justice Kania.
“There is a likelihood that the applicants if released on bail while investigations are ongoing, owing to the grave nature of the offence, may fall prey to the temptation to interfere with the investigations. Owing to the fact that investigations are on still ongoing, the interest of justice at this point indicates that the bail application is denied on this occasion.”
BESIGYE, LUTALE CHARGES
In February, Director of Public Prosecutions Jane Frances Abodo preferred charges of treason against oBesigye, Lutale and Captain Denis Oola.
According to the charge sheet, Besigye, Lutaale Captain Oola and others still at large, between the year 2023 and November 2024, in various places or countries, including Geneva in Switzerland, Athens in Greece, Nairobi in Kenya, Kampala in Uganda, contrived a plot, act or matter by force of arms to overturn the Government of Uganda as by law established and expressed or declared such plot, act or matter by utterances and overt acts.
State prosecution further accused the trio of travelling to various countries including Switzerland, Greece, and Kenya for purposes of attending meetings to further the plot to overturn the government of Uganda as by law established, attending meetings with various individuals both physically and virtually various places including Geneva in Switzerland, Athens in Greece, Nairobi in Kenya, and Kampala in Uganda in furtherance of the plot to overturn the government of Uganda as by law established.
Prosecution further accused Besigye of utterances to various individuals during meetings and privately expressing desire and intent to overturn the government of Uganda as by law established, providing logistical support and organizing for several Ugandan citizens to travel to Kisumu, Kenya to receive training in various military and intelligence gathering techniques and soliciting for military, financial and other logistical support to overturn the government of Uganda as by law established.
Regarding the alternative charge of misprision of treason, the state prosecution alleged that Besigye, Lutaale and Oola and others still at large between the year 2023 and November 2024 at various places including Geneva in Switzerland, Athens in Greece, Nairobi in Kenya, Kampala in Uganda, knowing that another person intended to commit treason did not give information thereof with all reasonable dispatch to the Minister, an administrative officer, a Magistrate or an officer in charge of a police Station or use all reasonable endeavours to prevent the commission of the treason.
The production of Besigye and his co-accused follows a decision by the Supreme Court banning the trial of civilians in the Court Martial. The Court also ordered the transfer of all files to civil courts.
Besigye and Lutale were brought to civilian courts following a Supreme Court ruling banning the trial of civilians in army courts, a ruling that Museveni criticized, saying Uganda does not belong to judges. (See Details Here, There and Over There).
Museveni’s son has also talked on a plan to hang Besigye, setting his hanging date and revising it. Besigye’s wife Winnie Byanyima has spoken on the alleged plan to hang Dr Besigye. (See Details Here, There and Over There).
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Additional reporting: Courtesy
