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There was drama in the General Court Martial as defence lawyer Eron Kiiza was detained for alleged contempt of court on the orders of Judge Advocate Brigadier-General Richard Tukacungurwa during a session hearing Dr. Kizza Besigye’s case.
The detention sparked heated exchanges between the defence team and the court, with defence lawyer Erias Lukwago criticizing the court’s handling of the proceedings.
“Don’t conduct this as an LC court,” Lukwago declared. “You seem to be acting on the orders of the judge advocate. Do we have a right of audience?”
Brigadier-General Tukacungurwa firmly responded, asserting his authority.
“I am mandated to advise the court on all matters of law. This court is not a tribunal, and to refer to it as such is contempt of court,” he said.
Senior counsel Martha Karua, representing Besigye, decried the treatment of the defence team.
“An advocate should not be barred from approaching the court. Eron Kiiza’s absence is fundamental, and we need to hear from him. There was an intention to assault him. This is a matter of life and death,” Karua argued, emphasizing the growing mistreatment of defence lawyers.
Karua also criticized the conduct of security personnel.
“Soldiers keep subjecting us to unnecessary procedures. The assault is increasing on the court premises. It’s a bad image,” she said, urging the court to provide protection for legal representatives.
The prosecution countered by highlighting procedural requirements, stating that written instructions from the accused, Dr. Besigye and his co-accused Lutale, were necessary.
“Only three lawyers are authorized to submit. Without written instructions, we cannot accept others,” the prosecution argued.
Besigye rejected this claim from the dock.
“All lawyers here have my instruction. I was not aware written authority was required for all,” he stated, defending his legal team’s composition.
The defence team, meanwhile, pushed for permission to consult with Besigye and Lutale, held at Luzira Maximum Prison.
“Even when you go to Luzira, you can’t see Dr. Kizza Besigye,” Lukwago lamented.
Brigadier-General Tukacungurwa was unmoved.
“Present your old expired certificates if the law allows it,” he insisted, maintaining the court’s stance.
As frustrations peaked, Karua demanded to be heard.
“Allow my submission for which I don’t need your advice,” she said, only for Tukacungurwa to declare her in contempt of court.
The exchanges reached a crescendo when Lukwago made a final plea for consultation with their clients before receiving a ruling.
“We don’t have instructions to receive the ruling. We are seeking to be heard,” he implored.
Besigye clarified from the dock that Kiiza had been authorized to accept the ruling.
“Kiiza has instructions to receive the ruling,” he affirmed.
Despite the escalating tensions, the court adjourned yet again, leaving the matter unresolved as the defence team sought further consultation.
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