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Opposition leader, Col. Dr Kizza Besigye, is hoping for a judicial "change of heart" as his legal team returns to the High Court for a second attempt at securing his bail.
Dr Besigye, who has been in detention for over 150 days, faces charges of treason along with his colleague Obeid Lutale.
The duo had their first bail application denied by High Court Judge Rosette Comfort Kania, despite meeting all the legal requirements for bail, such as being of advanced age, having substantial sureties, and maintaining permanent residence.
Dr Besigye’s legal team, led by counsel Erias Lukwago, yesterday filed a fresh bail application, aiming to have the High Court reconsider its earlier decision.
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Lukwago explained during a press conference that the fresh application was timed to coincide with Dr Besigye’s birthday.
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“We have now taken the step to go back to the High Court to secure his liberty. We have finalised all the paperwork and filed a fresh bail application at the High Court Criminal Division,” Lukwago said.
The Issues Raised by the First Bail Denial
During the initial bail hearing, Judge Kania acknowledged that Dr Besigye had met all the legal conditions for bail.
These included his advanced age, substantial sureties, permanent residency, and good conduct in previous similar cases.
However, the judge expressed concerns over the likelihood of Dr Besigye interfering with the investigation, given the gravity of the charges against him.
Lukwago, however, strongly disagrees with this assessment, calling it "ridiculous, speculative, and farfetched."
He argues that the decision was not based on objective facts but on subjective concerns that lacked concrete evidence.
“We are focusing our attention on that specific issue of the likelihood to interfere with the investigation,” Lukwago explained.
“We are going to demolish whatever argument will be advanced, as the rest of the grounds were satisfied.”
Looking Forward to a Fair Ruling
Lukwago condemned the initial bail ruling for setting a "terrible precedent" for the country’s judicial process, arguing that the court condemned Dr Besigye before his trial even began.
Despite this setback, the legal team remains resolute in seeking justice for their client. “This is a dark moment for us as Dr Kizza Besigye’s legal team. It is a dark Friday,” Lukwago lamented following the first bail denial.