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Besigye's Lawyers Ask Court Martial to Order the Production of Eron Kiiza

In his ruling, General Court Martial Chairperson Brigadier Robert Freeman Mugabe declined the request to produce Eron Kiiza, stating that as a convict, Kiiza could not execute legal duties. Mugabe noted that the Judge Advocate could advise if this position is incorrect.
13 Jan 2025 12:32
Besigye's lawyers outside the court martial
The legal team representing Dr. Kizza Besigye has requested the General Court Martial to order the production of Eron Kiiza, a member of their team who was recently sentenced to nine months in jail for contempt of court. The appeal came as the case against Besigye and his co-accused, Obeid Lutaale, over allegations of unlawful possession of ammunition and firearms resumed Monday morning.

During the session, lead counsel Martha Karua listed several concerns, including the summary conviction and sentencing of Kiiza. She noted that this has caused fear and intimidation among the legal team, discouraging some lawyers from attending court sessions. Karua sought assurances that similar incidents would not occur in the future.

Karua also raised procedural concerns, including ease of access to the court premises, which she noted had improved in this session. She also mentioned the frequent changes in the court panel without clear identification, as members did not wear name tags. Karua referred to a previous warning by the Judge Advocate, Brigadier Richard Tukacungurwa, against referring to the Court Martial as a "tribunal." 

Karua argued that using the term is semantically accurate and should not be grounds for contempt charges. Lawyer Erias Lukwago emphasized the importance of Eron Kiiza's presence, arguing that his absence infringes on the accused's right to full legal representation. Lukwago requested that Kiiza be allowed to attend court proceedings and resume his duties, even if he returns to prison afterward.

Lukwago also questioned the validity of proceedings held after panel changes and raised concerns about heavy security deployments, suggesting they create an intimidating environment. Lawyer Samuel Muyizzi decried the restrictions on vehicle access near the Court Martial premises, noting that lawyers were forced to park a kilometer away. 

In his ruling, General Court Martial Chairperson Brigadier Robert Freeman Mugabe declined the request to produce Eron Kiiza, stating that as a convict, Kiiza could not execute legal duties. Mugabe noted that the Judge Advocate could advise if this position is incorrect.

Brigadier Mugabe also defended the heavy security presence, citing the need to ensure the safety of court users. He criticized the defense for not addressing disruptions caused by their supporters during previous sessions. The Judge Advocate reinforced that the Court Martial should be referred to as a "court" and reiterated that Eron Kiiza's absence does not violate the right to legal representation, as the defense team consists of over 30 lawyers capable of representing the accused.

Martha Karua insisted on a constitutional interpretation of the UPDF’s jurisdiction over civilians, arguing that the military should only discipline its members. She maintained that the summary conviction of Eron Kiiza infringes on the accused's right to representation.

Dr. Kizza Besigye and Obeid Lutaale followed the proceedings calmly from the dock. The defense team continues to challenge the Court Martial's jurisdiction and the legal framework under which the accused are being tried.

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