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.
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