Presiding judge Emmanuel Baguma ruled that there was no evidence before court to show that Dr. Besigye’s health condition could not be adequately managed within the prison medical system.
Baguma said there is no proof that the prison authorities cannot manage his condition.
Besigye’s lawyers, led by Kampala Lord Mayor Elias Lukwago, had urged court to order his transfer, arguing that efforts by his spouse, Dr. Winnie Byanyima, to secure his evacuation to a better-equipped facility had failed.
The Lord Mayor also opposed a request by prison authorities for Dr. Besigye and his co-accused to appear in court via Zoom, citing concerns over his ability to see, hear, or participate meaningfully in proceedings.
Dr. Besigye, his aide Hajji Obeid Lutale, and UPDF Captain Denis Oola Oya were not produced in court, with prison officials citing Dr. Besigye’s ill health.
This prompted the Deputy Registrar to request a virtual hearing, a move strongly opposed by the defence.
Justice Baguma agreed with the defence that in criminal trials, physical appearance of the accused is mandatory unless waived by the accused.
He ruled that proceedings could not continue in the absence of any of the accused, even if only one was ill.
The trial was adjourned for three weeks to February 24, to allow Dr. Besigye’s condition to be managed in prison.
Dr. Besigye and his co-accused are facing treason charges allegedly committed between 2023 and 2024, and have been in custody for over a year.
Report by: Betty Zziwa
