State wants to access Besigye’s electronic data

The state has formally filed a motion in the Chief Magistrate’s Court at Nakawa, requesting permission to access, extract and analyse electronic data from mobile phones seized from Kizza Besigye, the long-time opposition leader in Uganda, reports the Nile Post. This motion, filed by Detective Inspector Odyek Benedict of the Uganda Police Force, is part of the ongoing investigation in which Besigye, along with Hajji Obeid Lutale and Captain Denis Oola, face charges of treason. The motion, filed on 5 March, focuses on a range of devices believed to contain critical data that could shed light on the charges against the accused. The state is seeking permission from the court to forensically analyse the data on these phones, with the aim of retrieving any information that could aid in proving the allegations against Besigye, Lutale, and Oola. Additionally, the prosecution is requesting that the court allow the devices to be retained as evidence until the conclusion of the case. This criminal case was initially handled by the General Court Martial at Makindye. However, in a significant legal development, the case was transferred to the Civil Court after a Supreme Court ruling. As part of the ongoing case, police have seized several electronic devices believed to be linked to the accused. The outcome of this motion will be a significant development in the case and could further impact the political landscape in Uganda.

Full Nile Post report

Meanwhile, Eron Kiiza, one of the lawyers of Besigye, has lost his bid to regain his freedom, reports The Monitor. Kiiza, who was convicted and sentenced to nine months in prison by the General Court Martial (GCM) on a charge of contempt of court, had filed an application to the civil court challenging the decision. However, while dismissing his application last week, Judge Douglas Singiza held that Kiiza failed to follow the proper procedure for seeking release from the Court Martial. ‘I take the firm view that the procedure adopted by the applicant to challenge the impugned conviction and sentence was an incorrect one. I would probably have attempted to answer the motion questions had the applicant approached this court by way of an application for judicial review. Moreover, this court would not be clothed with the requisite criminal appellate or revisionary powers to examine the challenged conviction and sentence by the GCM,’ Singiza ruled. On 6 February, Kiiza petitioned the High Court by way of a habeas corpus application, seeking to be freed. He claimed the nine-month sentence imposed on him by the General Court Martial sitting in Makindye was illegal and unconstitutional and that it would be unjust for him to continue serving the sentence. On 7 January, Kiiza appeared before the General Court Martial as one of the lawyers representing Besigye. He was subdued by soldiers on accusations of exhibiting gross professional misconduct when he allegedly confronted a court orderly while he guided him on where to sit in the court in a very highly charged environment before allegedly assaulting him.

Full report in The Monitor