In criminal trials, the constitutional right to a fair hearing (Article 28) requires that accused persons be given adequate time and opportunity to prepare their defense, including sufficient access to evidence and their legal counsel, and that courts cannot arbitrarily compress timelines or deny meaningful preparation opportunities, as demonstrated by the defense's objections to the rushed hearing schedule in the Besigye treason trial.
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WHO IS THE JAILED UPDF GENERAL TO TESTIFY AGAINST KIIZA BESIGYE? | What Happens Next! #viralHinzugefügt:
[music] Today they have given us statements of five witnesses who among among others include Abbeho who was in charge of CMI, Birunji who also once was chief of CMI and also left Kana Twin who is in charge of special investigations and the current head of CMI Major General Oto.
There is also a businessman called Barasa. Those are the five statements they have given us. In total they have confirmed that now they have given us the all the statement the witness statements they intended to rely on. So in a nutshell they have concluded the disclosure of the evidence they intended to rely on as required under the law.
Unfortunately again you can see there was a choreog a choreography which was made probably by the state in collusion with some other actors and uh it featured prominently in the proceedings today. You can all attest to the fact that the judge's mood has totally changed. Initially he was ballistic, he was belligerent. Along the way he somehow turned it down and then he was accommodative to us. But now he has engaged a new year. is actually going back to where I started from to the extent that he has made an order which for intents and purposes one would consider to be rational that hearing should commence within 7 days from today. We are not done with the preliminary hearing. We are not done with the process of appointing assessors. We have just received the final batch of the documents the state intends to rely on. We have not even had the opportunity to interact with Dr. Vanded to interview them on the evidence that has been given to us. The voluminous records the state has given to us including flash discs of visual audio all these interactions they intend to bring to court. All this kind of evidence we have not had the opportunity of discussing it with Dr. General, but the judge insist that it must be done from 8th and 11th that we should be uh on the road proceeding with the hearing by 11th of this month. We try to indicate to him that you know this month has got two holidays. The period he's talking about has got two holidays uh 3rd March I mean 3rd June and also 9th June which is hero's day. He insisted and said you know his order is more or less cast in stone. He was not ready to shift an inch to the extent that he had to direct that if we can be permitted to access the the prisons and access the the the suspects there the accused persons on holidays even on on weekends even at night. You you you can imagine and you ask what has changed all of a sudden. The state has always been they have always been taking their time in prosecuting the matter filing one application after another. This application alone which they withdrew it was filed way back in March but they have been darling moving at their own pace. Now all of a sudden things have turned the other way. So we are really taken back by the conduct of the judge uh in this matter. It's really baffling to us and also the manner in which he's now conducting the proceedings clearly today he demonstrated that he's assuming the role of the prosecutor actually the beautiful were laid back you could see in some cases you would ask them do you have anything to say we leave it to you my lord we leave it to you so it was always the judge now taking on the role of the prosecution now we are back to square one we are back to where we started from head on with justice bum. It's very very unfortunate and uh today we sought for the matters to be taken to the constitutional court because we find ourselves in a situation where justice is not being dispensed. Article 28 is being violated left right center including article 44 which is n the right to fair hearing is being jettisoned and we are saying no this cannot happen. Unfortunately again he has not given us the ruling. He said he'll give it he'll give it us via echmis before close of business today to see if we can proceed uh on 8th with a preliminary hearing and appointment of the assessors and then we get the actual presentation of the state witnesses on the 11th of this month. We find that schedule very very unrealistic outrageous untenable given the fact that Dr. is incarcerated in together with it's not easy for us to access them to [clears throat] even share with them I mean to discuss to have a conversation meaningful conversation with them about this kind of evidence they are bringing before us we have mentioned the flash discs we have mentioned the vominous files they have given us the documents and what all this requires a conducive environment with limited interference from the prison authorities to be able to make sense out of what they are presenting before court. Unfortunately, the judge was not ready to accord us I mean adequate time as dictated by article 28. We are going back to the drawing board. We have had a discussion with our clients. We are going back to the drawing board to explore other options for ensuring that justice is done. One thing we have to assure justice and the state you're not just going to we are not just going to escort Dr. VJ to the girls to the giron. No way. We are not ready because it would appear all all is set now for Babuma to conduct a snap hearing a kind of marathon hearing so that Dr. V is convicted at the earliest. Uh no it would appear all is set for just to conduct a marathon hearing to have Dr. VJ expeditiously or not even haridely tried and convicted and then is executed. We're not going to allow that to happen.
>> Earlier alone he had filed a multiplicity of applications for bail.
Unfortunately they were all thrown out on from the grounds. Of course I don't want to repeat that but you know the grounds the I mean decided to decline admitting Dr. service we were not sustainable at all but now we said okay we shall not give up let's engage another liver and then we filed another one so we have filed one today no sorry uh a couple of weeks ago we filed a fresh bail application and since then we have been pushing for it to be fixed for hearing unfortunately Babuma he's reluctant to have it fixed for hearing we have reminded him time and again even Today we had the occasion to remind him and say please there is a pending bail application kindly give us a date we don't mind whichever date you give us but at least give us a hearing date without assigning any reason he walked out of the chambers he walked out of court and he has not fixed it even the other time it was the same same story so we wonder why he's tilting the scales of balance in favor of the state when the state files the application it's fixed very fast when we come up with ours He sits on it. Even the one they withdrew regarding protection of witnesses, it is Baguma himself who filed who fixed it and directed the his own cler to serve it on us. But now this one of the B application, he is reluctant to have it fixed. So you can see selective administration of justice which we're not going to allow to continue.
is not feeling well. Simona be joining us today.
May it please my lord for the proon together with George senior state attorney.
The prosecution was directed to make disclosure to councils for A1, A2 and A3.
And this was to be effected.
so as to be affected by Friday 29th of June 2026.
My lord, the prosecution was able to serve council for A3 on Friday.
>> [clears throat] >> The Lord.
However, [clears throat] prosecution faced certain challenges and by the time we immediately contacted councils for A1 and A2 and explained to them the dilemma that we had faced.
And we requested then and we agreed that we effect the service the following morning that is Saturday the 30th.
My lords, the prosecution on Saturday the 30th was able to serve councils, my land frienda, my council, Ernest Khalibala and council Katumba on Saturday.
However, my lord, the other council who are present in court declined to receive the disclosure in spite of the earlier agreement then to receive the same the following day on Saturday.
And my lord, it is at this point >> who are not my that is my land friend senior pago areas to castle to Moses.
And my Lord, we humbly seek deliver of this court. my lord to allow the prosecution serve the two accused persons through their council who are present in court and my lord if this honorable court is pleased grant us leave it Believe my lord we pray that we be permitted to affect service >> now in court here.
>> We so humbly pray my lord.
[clears throat] It's true. My God was on Friday by persecution on the 30th of May at 1:50 p.m.
by one of the accusation that we declare in the service. You did not decline.
>> No my lord.
The very reason my lord majik has explained here that they faced some intricate challenges to serve on Friday which he has not particularized.
But we also had challenges receiving service on Saturday just like they had challenges affecting service on Friday.
The reasons could be varied.
So unfortunately has not partularized those challenges they encountered on Friday.
Yet there was a court order not that they should be served on Friday that they should be served by close of business on Friday.
So they had the whole of Wednesday when the matter no the the whole of Thursday I sorry there is no [clears throat] justification why service was not infected on Thursday because they had that option here we were in possession of all these documents which they were supposed to serve on us by the time we last appeared here on has given the importance of this matter it sensitivity we thought they would give it priority and serve on Thursday they did not and they have not explained why on Friday still the challenges they they have not explained the challenges and my lord the third one is they chose to serve a cuz they said at least they complied with the court order in respect to A3, but you're not explaining why they opted not to comply with the court order in respect to A1 and A2.
It is true my lord on the night of Friday Mr. from and made a request that they be permitted to serve us on Saturday.
Actually, you I was on on the way from from the village coming back to camp at night.
Indeed, I indicated to him I indicated to him that if circumstances permit on Saturday, I would have no problem. If circumstances permitted on Saturday, I would not have any problem. But given the fact that it's not a working day and the chambers were closed, it would be impudent on my part to receive service by the roadside.
So it's not that I declined, it's not that I refused, but circumstances could not permit me to receive court process by the decide queen >> as an idol.
First finally my lord my lord uh Mr. here is seeking leave of this honorable court to infect service with all due respect.
He should have served in the morning by 8 online and then seek validation.
Who wouldn't reject? Who wouldn't refuse?
All along we have been here. He has not attempted to serve us.
Is he also going to contain that we rejected service this morning? Certainly no.
I will my [clears throat] [clears throat] >> [bell] >> There are people said that he served you on Saturday but you other people have given their reasons.
What about you?
But my notice Mr. Richard Mr. to Friday and he indicated that they had indicated and he stated the intention to ser him but I was okay with that my fatheration >> [clears throat] >> It was the view and research obtain the clients [clears throat] as we are clear that they must and so we shall take with the same question.
[clears throat] >> [clears throat] >> We are directed council to consult with persons.
>> No, we have done it. I have done it correct because indicated is correct during my [clears throat] >> [clears throat] >> I will now make the following remarks that through this thought made an order on Saturday that the constitution must make a full disclosure by 29 made this port 29 and order them to make make the closure by 29 by 5 p.m.
Now from what I have heard the prosecution has said that it served council for free fully and made a full disclosure on Friday 29th.
However, they violated the court order and full disclosure and served with council council kara and council happened on Saturday and this was beyond the timeline set by this honorary court.
This is very unfortunate. Court cannot keep making orders all in vain. The prostitution should stand on the orders and guidelines of court.
I've also heard that they are not serve council council and council we are not served.
In the time given the right of fair hearing goes hand in hand with full disclosure for their chosen persons prepare for their defense and to kickstart the trial.
>> [clears throat] >> It's therefore my considered view that for the right to fair hearing it must be considered at any cost cannot be compromised from the submissions they made full disclosure to council for history and made partly and made full disclosure to council kibara and kum back council for A1 and A2 but they did not serve other lawyers including council to women and it is my view therefore right now that court order was viated I am ordering constitution ser right now those lawyers in court They get too.
something.
Oh.
>> [clears throat] [clears throat] >> Is this road pass?
Yes.
confirm that you have served made full disclosure in this case and you have closed >> my lord for record Richard from Bukachie state attorney Melo I can confirm that uh we have served defense with a full disclosure.
We have served the council Khaliba, Council, Council Khaliba, Council Panga, Council Kumba, Council Tumi, Council Wanda, Council Tinawi, um, Council Kumba, Council So Kau and for council A3 that is council namakura.
So they are all served my lord.
continue.
Live back.
Goodbye.
Huh?
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