High Court Grants Besigye Open Trial After State Withdraws Witness Secrecy Bid

High Court Grants Besigye Open Trial After State Withdraws Witness Secrecy Bid

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The High Court in Kampala has directed that the treason trial involving opposition politician Dr. Kizza Besigye and his co-accused Hajji Obeid Lutale will proceed in an open and public setting, after the prosecution formally withdrew its earlier request to shield the identities and testimonies of some of its witnesses.
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📸: By observer UG.

The Office of the Director of Public Prosecutions (ODPP) had initially approached court seeking special arrangements that would allow certain witnesses to testify under conditions of partial anonymity. The prosecution argued that due to the sensitive nature of the case, some witnesses faced potential security risks and possible intimidation, and therefore needed protection while giving evidence. The application also proposed measures that would limit full disclosure of some witness details to the defence.

However, during the court session, state prosecutors informed the judge that they were no longer pursuing the request for witness secrecy. Instead, the prosecution indicated that it would rely on alternative witness protection mechanisms while ensuring that the defence is granted full access to witness identities and statements in line with standard legal procedure.
Following this withdrawal, the High Court ruled that the matter will continue as an open trial, meaning all proceedings will be conducted publicly and without restrictions on access to courtroom information. This decision effectively restores full transparency to one of the most closely watched political cases in the country.

The defence team, led by prominent lawyer Martha Karua, had strongly opposed the state’s earlier application. They argued that the request for secrecy would not only undermine the principle of a fair trial but also cause unnecessary delays in the proceedings.

According to the defence, repeated adjournments linked to such applications had increased logistical and legal costs, while also slowing down the overall pace of the trial. They urged the court to ensure that the case proceeds without further procedural interruptions.

Presiding judge Justice Henry Peter Adonyo Baguma acknowledged concerns raised by both sides but noted that while the withdrawn application had contributed to some delay, it did not amount to misconduct serious enough to warrant immediate punitive costs against the prosecution. He therefore allowed the trial to proceed without awarding any costs related to the application.

The case itself involves allegations that Besigye, Lutale, and a serving UPDF officer conspired to overthrow the Government of Uganda, with claims linked to meetings allegedly held between 2023 and 2024 in various locations. All the accused persons have consistently denied the charges.

The ruling is significant as it reinforces the openness of proceedings in a politically sensitive trial, limiting attempts to introduce secrecy into witness testimony and ensuring that the case is heard under full public scrutiny as it continues before the High Court.
Source:Nile post UG
 
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