I might be killed in Luzira - Besigye

Kampala.

Opposition leader Kizza Besigye yesterday told court his fears for his life in Luzira prison but the magistrate shut him down half way his pleadings.

Dr Besigye was arraigned in Nakawa Chief Magistrate’s Court and charged with treason afresh after his previous appearance in a similar court in Moroto District.

He was ushered into the dock without representation of a lawyer. The fresh charges of treason were read out to him but he couldn’t plead to them because treason is a capital offence only tried by the High Court.

Dressed in a light blue checked shirt, and a pair of grey trousers, Dr Besigye, the presidential runner-up in the February 18 elections, prayed to court for permission to express what he called ‘fears for his life’ inside Luzira where is currently remanded following his transfer from Moroto Prison on Monday.

Court granted him permission to present his fears but before he could reveal what they were, he was cut short by court on a request by the State.

Senior State Attorney Doreen Elima interjected and said Dr Besigye’s pleas on safety of his life should be taken to the High Court, which she said is the appropriate place to address his worries.

“My concerns have nothing to do with the case which is going to be heard by the High Court. My concerns are fears for my life. I am being mistreated where I am living and I am here and you are sending me away,” Dr Besigye said but the presiding magistrate James Ereemye ignored his pleas.

The magistrate told him that Luzira authorities were competent enough to address his fears.
Later, the prisons spokesperson, Mr Frank Baine, dismissed Dr Besigye’s fears, saying there are more 46,000 inmates countrywide and wondered why the authorities would target him alone.

“We did not invite him to the prison. We are just on the receiving end and we are trying to keep him well. We have over 46,000 inmates, why should we single him out to hurt him?” Mr Baine asked.

“Of course, the conditions of the prison are not like those at home as they are not of first class due to limited funding. Ask David Sejusa who has just been here and this is not even his [Dr Besigye] first time here in prison.”

By press time last evening, it was still a mystery whether Dr Besigye would be represented by a lawyer in court.
Ms Shifrah Lukwago, a lawyer and politician, who was in court which sat at an unusual time at 8.30am, attempted to represent him but Dr Besigye turned down her offer.

Speaking to this newspaper yesterday, Mr Yusuf Nsibambi, one of Dr Besigye’s lawyers, said he could not represent him in court because whatever is going on is an illegality. He said he cannot take part because that would amount to him regularising the illegality.

Mr Nsibambi said the illegality starts with the charge sheet itself, which he said is defective because it was not sanctioned by the Director of Public Prosecutions. He said the DPP’s approval is a legal requirement especially in such capital offences.

According to the charge sheet, it was sanctioned by a police officer, detective senior superintendent, Mr Mark Odong on May 13.

Besides, Mr Nsibambi said Dr Besigye’s case is now between the Judiciary and the State prosecution because they have not involved them as defence lawyers. “As lawyers, we are not angels to speculate on which court Dr Besigye is going to appear next. There is no way we would have appeared before court to represent him when we were not informed. We are not a fire brigade to extinguish fire and thereafter make a report on what caused it,” Mr Nsibambi told Daily Monitor by telephone.

“Participating in this case would mean regularising an illegality. They should handle this case in a regular manner. The charge sheet must be signed by the DPP and this very one is signed by a police officer, making it defective. The charge sheet in Nakawa, is it a new one or the very old one he was charged on in Moroto court? So what happens to the Moroto charge sheet? This is not only a mockery but a scandal,” he added.

When Daily Monitor contacted the DPP spokesperson, Ms Jane Okuo Kajuga, on the status of the Moroto court proceedings, she said: “That has been overtaken by events.”
Another Besigye lawyer who preferred to remain anonymous in order to speak freely, blamed the Nakawa court for having called for their client’s case file 30 minutes earlier than the agreed time of 9am.

The lawyer said since Dr Besigye found himself alone in court without a lawyer, common sense dictated that he had to represent himself.

Dr Besigye’s file was called at an unusual court time at 8.30am and the treason charges were summarily read out to him in less than 15 minutes. By 8.45am, the court sitting had been concluded and closed yet the production warrant issued to Luzira prison authorities by the same court on Tuesday directed them to produce Dr Besigye at 9am.

Responding to the abrupt time change from 9am to 8:30am, the Judiciary’s Chief Registrar, Mr Paul Gadenya, said it was due to security reasons surrounding the case.
“We take into account the security considerations of every case and this case of Dr Besigye has high security risks. That is why there was this change in time in charging him,” said Mr Gadenya.

“We regret that Dr Besigye’s lawyers were not notified about the time change. However, lawyers should come early to court and should know that by 9am, court must be in session. This means if your case starts at 9am, the lawyers must be in court earlier than 9am,” he added.
FDC’s shadow attorney general and Bugweri County MP Abdu Katuntu said since Dr Besigye has been in transit since he was ‘kidnapped’ by police in the city last week, lawyers had not had time to discuss with him who should represent him and how.

“Dr Besigye’s arrest was more less of a kidnap by police. He was arrested in the city centre and he ended up in Moroto. When relatives and lawyers were making their way to Moroto, he was again transferred to Kampala and up to today, Dr Besigye has not yet interfaced with his lawyers,” Mr Katuntu said by telephone.

He said Dr Besigye has a right to choose which lawyer he has confidence in, especially on such grave charges, adding that the party lawyers would make a decision on how to proceed on Dr Besigye’s next court appearance on June 1.

Besigye pleads to court for hearing on threats to own life

Dr Besigye: Your worship, I have a concern that I want to raise. Your worship, the background of my concern is that I truly believe that there is an official policy of persecution of myself by the Uganda police. Your worship, for the last five years, I have been detained for more than 50 times, most times not produced before any court and when produced in court and charged, all the cases that I have been charged with, I have never been required to go on defence. They have all been dismissed without my need to defend myself. Your worship, in fact in one of the cases, a very senior police officer who was serving as the director of criminal investigations……

Magistrate James Ereemye: Let’s know whether this concerns this case.

Dr Besigye: This is the background of my concern and it’s important for the concern that I am going to raise. My concern is what has happened during my arrest but I wanted to give it a background ... I have just been saying that the director of criminal investigations under oath before the courts of law, confessed to fabricating evidence against me. This confirms my concern of the official persecution. But let me go direct to my concern, your worship. Immediately after the last elections, I was put under illegal detention for about 45 days, in a place not gazzeted by law and I was not put before any court of law. your worship under the current arrest, I was arrested in Kampala on May 13 and I was driven under horrific conditions to Nalufenya Police Station in Jinja, where I was put in the cells for some time. I was removed and transferred to Jinja airfield, put in a police helicopter and flown to Moroto where I was detained at Moroto Police Station.

State attorney Doreen Elima: I wouldn’t want to preempt his defence and I believe your worship, you are not recording anything and it appears he is addressing the press and this is not the right forum. The concerns that he is raising should be raised before the High Court and I find that whatever concerns he has to raise, let him raise them before the High Court.

Dr Besigye: ...The concerns that I am about to raise have absolutely nothing to do with the charges that I am facing.

Magistrate: Since they have nothing to do with the charges now before court, however, those that have nothing to do with this court should be directed to the relevant authorities including the High Court.

Dr Besigye: I am just pleading with this court since it’s the first court they have come to. The concerns are about fears for my life. My concerns have nothing do with the case which is going to be heard by the High Court. If I am being mistreated where I am living and I am here and you are sending me away; this is what I want to bring before you, Your-worship. You want to send me away before hearing this concern which relates to how I live when I go away from here?

Magistrate: I have no doubt that the authorities where you are going are competent to handle the situation. For now the matter is adjourned to June 1 for mention. (Court closes)

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