afrol News, 5 June - The treason trial of Uganda's opposition leader, Kizza Besigye and 11 others was put off indefinitely. This came after Colonel Besigye's lawyers petitioned the Constitutional Court to do so.

This did not go without objection from the state prosecution who accused the opposition leader's lawyers of attempting to stall the case. But the defence maintained that their clients' are constitutionally guaranteed to have fair trial.

The defence team is seeking for a permanent stay of the trial.

The state lawyer, Oscar Kambona, grinded an axe with the defence lawyers for their failure to inform the court as to why they are pressing for the barring of the trial. The defence was asked not to base its arguments on the petition after all the High Court had never referred the case to the Constitutional Court for interpretation.

The trial had been dragging since last year. The defence also petitioned the Constitutional Court to bar a former Lord's Resistance Army rebel, Onen Kamdullu, one of the state witnesses, to testify against him.

But the court ruled against Mr Besigye's favour and maintained that the Kamdullu would testify in the case.

The trial started with 23 suspects, 11 of whom were granted amnesty.

Colonel Besigye's brother, Joseph Musasizi Kifeefe, is among the suspects lined up for trial. He has been admitted at Mulago hospital for over a month for anaemia and other health problems.

The defence asked for the nullification of the trial on the grounds that provisions of the trial indictments act have been flouted by the handling of the case by judges upon judges.

The case is now handled by a new judge, Eldad Mwangusya, who took over from Justice Kagaba. Before Kagaba, it was Justice Bosco Katutsi who presided over the preliminary hearing earlier this year.

"There is no provision in the trial on indictments act empowering a Judge to take over conduct of a trial which is partly heard. For this trial to continue under your presidency will be a nullity," argued the defence.

But the prosecution asked the court not to be bothered by the application that Justice Justice Wwangusya should not have presided over the case, describing it as premature.

By staff writer

© afrol News

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