COURT ORDERS PRISON TO FILE BESIGYE’S MEDICAL REPORT

Dr Kizza Besigye’s co accused Left to Right; Captain Denis Oola and Hajji Obeid Lutale before the High Court Criminal Division in Kampala.

URN

The High Court Criminal Division in Kampala has ordered the Uganda Prisons Service to file a medical report on the health of jailed opposition politician Dr. Kizza Besigye after he fell ill and failed to appear for the continuation of his treason trial on Thursday.

Trial Judge Justice Emmanuel Baguma issued the directive after receiving a letter from Luzira Prison informing the court that Besigye, the first accused in the case, was unwell and unable to attend the day’s proceedings.

The judge directed prison authorities to submit a detailed medical report before the next hearing scheduled for August 4, 2026. Justice Baguma also instructed defence lawyer Sylvia Namawejje Ebitu, who was the only defence counsel present, to notify the other court-appointed lawyers, Julius Sserwambala and Sarah Awero, to ensure they attend the next hearing.

The three lawyers were appointed and are funded by the State to represent Besigye and his co-accused, Hajji Obeid Lutale and Captain Denis Oola.

The adjournment follows dramatic scenes on Wednesday when Besigye collapsed in the dock after protesting the commencement of his trial without lawyers of his own choosing.

Besigye argued that although the court had appointed legal representation for him, he had not been given adequate time to consult with the lawyers. He requested a one-week adjournment to prepare with them, but the court declined and directed the prosecution to proceed.

As the first prosecution witness, an American national identified as Andrew Wilson, began testifying, Besigye repeatedly interrupted the proceedings, protesting what he described as an unfair trial.

While handcuffed and wearing a face mask, the 70-year-old banged on the dock before collapsing, prompting emergency medical teams to rush to court. He was later evacuated to hospital.

His wife, Winnie Byanyima, later posted on X that Besigye had been admitted to the Intensive Care Unit at Mulago National Referral Hospital. When court resumed on Thursday, Assistant Director of Public Prosecutions Thomas Jatiko informed the court that all the accused persons except Besigye were present, together with the assessors and the prosecution witness, who remained ready to continue giving evidence.

Although the prosecution indicated that it intended to make an application before the court, the second accused, Lutale, objected to any further proceedings, insisting that he was not legally represented. “I don’t fear to be tried. I want to be tried with fairness. I want it on record that I am not legally represented. So I am not consenting to today’s proceedings,” Lutale told the court.

Justice Baguma reminded Lutale that the court had already ruled on the issue of legal representation and would not revisit it. Lutale nevertheless continued protesting, demanding that his objection be recorded.

Defence lawyer Sylvia Namawejje Ebitu urged the court to first establish Besigye’s medical condition before entertaining any application by the prosecution. She argued that criminal proceedings require the presence of all accused persons and that any application made by the prosecution forms part of the trial process.

Although the prosecution acknowledged the defence’s concerns, Jatiko maintained that its witness was already in court and suggested that an adjournment would not be necessary if the intended application were granted.

After considering submissions from both sides, Justice Baguma ruled that Besigye’s absence due to illness, coupled with the limited attendance of the defence team, made it inappropriate to proceed.

The matter was adjourned to August 4, when the court expects prison authorities to present a medical report detailing Besigye’s condition before determining the next course of action.

Attendance at the trial has also noticeably declined. Unlike previous sessions that attracted a packed courtroom, Thursday’s proceedings were attended mainly by journalists, prison officers, court orderlies and security personnel in civilian attire.

Although the prosecution did not disclose the nature of the application it intended to make, Uganda Radio Network has learnt from sources that the State plans to seek permission to continue the trial in Besigye’s absence.

Besigye, Lutale and Captain Oola are jointly charged with treason over allegations that they plotted to overthrow the government.

According to the prosecution, the trio held meetings in Uganda, Kenya, Greece and Switzerland to solicit funding, acquire weapons and organise paramilitary activities.

Prosecutors further allege that Besigye met an alleged Kurdish intelligence operative identified as Andrew Wilson and received US$5,000 to facilitate the transportation of 36 Ugandans to Kisumu, Kenya, for military training, although the recruits were allegedly intercepted and deported before the training commenced.

The State also alleges that Besigye sought to acquire surface-to-air missiles, ricin poison and counterfeit currency, and planned to use drone technology to assassinate President Yoweri Museveni.

The prosecution says it intends to rely on witness testimony, audio and video recordings, social media communications, immigration records and telephone data as evidence during the trial.