By Okello T. Moses
KAMPALA
The Uganda Peoples Congress (UPC) party has condemned the nine months’ sentenced that was slapped to Besigye’s lawyer, Eron Kiiza at the General Court Martial, Makindye on Tuesday. Kiiza is one of the lawyers representing Kizza Besigye and Obeid Kamulegeya – who were abducted in Nairobi, Kenya late last year and are facing charges related to security; unlawful possession of firearms and ammunition in Uganda.
He was sentenced to nine months to Kitalya Orison for contempt of court by the chairman of the General Court Martial, Brigadier General Robert Freeman Mugabe. It is alleged that Counsel Kiiza confronted court orderly and but did not need to advice despite the warnings. He was further alleged to have banged on the Metal surfaces and shouting in court prompting security to evict him outside the courtroom and immediately charged and sentenced. Media reports say Eron was not allowed to defend himself nor were charged read to him.
The GCM ruling has drawn criticism from various legal and human rights activists, who have raised concerns about the court’s transparency.
Lawyers Erias Lukwago and Frederick Mpanga emphasized that even in cases of contempt of court, the accused is entitled to a fair hearing. They requested a formal ruling to enable them to file an appeal.
Meanwhile, the UPC Spokesperson, Sharon Oyat Arach says that security exhibited unruly behavior in and outside the courtroom and described the sentence as ‘too’ harsh. While the UPC does not condone contempt of court, Arach challenged that brutality and the trial of civilians in a military court is deeply condemnable.
Sections 214(9), 171(1)(g) and 171(2) of the UPDF Act, 2005 provides that an advocate who is convicted of contempt of the Court Martial can only be sentenced to a maximum of 30 days if the offence is committed at the Court Martial. However, the GCM ruling violated this provision and there is an ongoing probe in the matter.
Isaac Ssemakadde, the President of Uganda said on Wednesday that the society has initiated a thorough investigation into Erin Kiiza’s 9 months sentence noting that the case is in the interest of the public.
“While we respect the autonomy of our members and do not typically provide running commentary on active cases, we acknowledge the significant public interest in this matter,” he said
He promised to engage all stakeholders to establish the truth about what exactly happened. Whereas, controversial lawyer, Male Mabirizi says contempt of court doesn’t exist in a Military Court.
Eron Kiiza is not the first lawyer to face contempt of court charges at Court Martial. In 2004, lawyers: Lukwago and Caleb Alaka were charged with contempt of court by the late Lt. General Eli Tumwine, then Chairman of the military court. The lawyers were slapped with a one thousand shillings charge as fine or face two weeks in jail however, they skipped jail by paying the one thousand shillings.
What defines Contempt of Court? Contempt of court is a crime that involves any behavior that interferes with the administration of justice or shows disrespect for a court of law. It may include: taking pictures or making recordings in a courtroom, assaulting staff or witnesses and refusing to answer questions from the court.
