By KGR Reporter,
The Army Prosecutors in the trial of Dr. Col. Dr. Kiiza Besigye and two others have objected to a request for a constitutional reference, arguing that the General Court Martial has the jurisdiction to try the case.
The prosecutors, led by Captain Ambroz Guma, claimed that the court is impartial and independent and that the offences related to security are clearly defined under the UPDF Act.
The objection comes after Dr. Besigye’s lawyers asked the court to refer the case in which Besigye is jointly charged with Obeid Lutaale Kamulegeya and Captain Denis Oula on charges of treachery to the Constitutional Court, citing concerns about impartiality and the court’s jurisdiction to try civilians.
Capt. Guma objected to the request for Constitutional reference saying the law states that the original trial Court shall submit the questions to be determined by the Constitutional Court.
Mr. Guma said that whereas Besigye’s lawyers argued that the Court Martial has no powers to try civilians as it was declared by the Constitutional Court, the decision in the case of the Attorney General’s appeal in Michael Kabaziguruka’s petition is still pending before the Supreme Court. Earlier in the morning, the team of Besigye’s lawyers led by Martha Karua, Frederick Mpanga and Erias Lukwago, wanted the Constitutional Court to address the issue of impartiality and independence of the UPDF Court Martial because it investigates, and tries the accused persons. END