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Lawyers and supporters of Col. Dr Kizza Besigye were, on Friday morning, left holding their heads after the Kampala High Court denied the opposition leader bail.
Besigye, who has been in jail for the past 140 days, is charged together with his colleague Obeid Lutale of Treason.
The duo, through their lawyers led by Counsel Erias Lukwago in their application, said the accused met all the requirements for bail, including the fact that they were of advanced age and were first-time offenders with known places of abode.
Why bail was denied
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However, Justice Rosette Comfort Kania of the High Court denied the bail on several grounds, including concerns that the accused persons could interfere with ongoing investigations.
“Although I find that all applicants have satisfied all requirements for granting bail, the bail is denied,” she ruled.
The Judge reasoned, among others, that the charges against the suspects were among the gravest in the country’s law books and were alleged to have been committed in various places, including Kenya, Switzerland and Greece.
“The applications may fall prey to the temptation to interfere with the investigations,” she added.
Lawyers dismayed
Defense lawyer Erias Lukwago condemned the ruling for “setting a terrible precedent for the country’s jurisprudence.”
“This is a dark moment for us as Dr Kizza Besigye’s legal team. It is a dark Friday,” he said.
“The judge condemned Dr Besigye before trial; you cannot allege that he committed offices in Greece, Kenya and Swituizerland and that he is likely to interfere with the sureties, without the State showing complelling evidence to that effect,” he said.
Next course of action
Lukwago told reporters that the defence team will not be challenging the ruling before the Court of Appeal because the nature of the bail application does not permit such an appeal.
However, he revealed that the team was retreating to consider other options, including taking up the matter to the East Africa Court of Justice.
“We have other options we are going to explore, including seeking redress from other jurisdictions away from here,” he said.