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Nakawa Court Magistrate Esther Nyadoi has granted an application by the State Prosecution for the criminal case against Col .Dr Kizza Besigye and his colleague, Obeid Lutale Kamulegeya, to be heard in camera.
The state prosecution on Friday, April 4th, applied for the matter to be heard behind closed doors, citing a number of reasons.
Among them, the State cited the need for “protection of witnesses and critical evidence.”
The state claimed further that some of the key witnesses, who include state security agents, were facing threats from the public.
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They also alluded to the tense environment in court, where some of the supporters of Co.l Besigye often start singing and chanting.
Defense opposes
Besigye’s lawyers, led by Erias Lukwago, however, opposed the application on grounds that it would be tantamount to infringement of his right to a free trial.
The defence team told the Court that Besigye and his co-accused are entitled to a fair, speedy and public hearing as guaranteed by the constitution.
Magistrate decides
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In her ruling, however, Magitstate Nyandoi granted the application, stating that a private hearing can be granted if necessary,
This court is alive to the fact that the accused persons are entitled to a fair, speedy and public trial with the exception of public trial being for reasons of morality, public order or national security
Given the nature of the offences before the court and the fact that the matter is still at investigation level, it is only prudent that for the integrity of the investigations, public order and national security, the matter be heard in camera
The defence lawyers vowed to challenge this ruling before an appellet court.