On his role as Justice Minister, Mao dismissed suggestions that he had the authority to direct courts on how to handle Besigye’s case, insisting that judicial decisions remained independent of his office.
Justice and Constitutional Affairs Minister Norbert Mao has hit back at former Kampala Deputy Lord Mayor Doreen Nyanjula over her criticism of his remarks on the deteriorating health of detained opposition politician Dr Kizza Besigye and the possibility of securing his medical bail.
Mao accused Nyanjula, a member of the People’s Front for Freedom (PFF), of making misleading claims, saying she should seek clarification before making assertions about matters she may not fully understand.
“I really don’t mind you taking pot shots at me. I understand why you do it. You live in a world of angels and demons. You are the angels and the rest of us are the demons. But let me say this: You’re entitled to your opinions but you’re not entitled to your facts,” Mao said.
His response followed Nyanjula’s criticism of his earlier remarks that Besigye needed specialised medical treatment unavailable in Uganda and that securing bail would enable him to travel abroad for further treatment.
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Nyanjula questioned Mao’s position, arguing that it was contradictory for the Justice Minister to acknowledge that Besigye was critically ill and unable to effectively communicate with his lawyers while suggesting that his release on medical grounds was a matter for discussion.
She also questioned why Mao could not use his position to ensure that Besigye’s constitutional rights were respected, arguing that bail should be determined by the courts rather than negotiated through political and military figures.
However, Mao clarified that the issues surrounding Besigye’s case involved three separate but related matters: the ongoing trial, the health of the accused persons and the Government’s commitment to broader dialogue and reconciliation.
He explained that the trial had been halted following medical reports and recommendations presented to the court, which indicated that the accused person was not in a condition to stand trial.
“The trial and health of the accused persons are related because the trial cannot continue if the accused person cannot stand trial due to ill health. The doctors have given their report and advice to the court and on that basis the trial was halted,” he said.
Mao maintained that proceeding with a trial when an accused person was too ill to participate would undermine the right to a fair hearing and could provide grounds for an appeal against any subsequent conviction.
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“All accused persons are entitled to a fair trial and there can be no fair trial if an accused person is too ill to stand trial,” he said.
On his role as Justice Minister, Mao dismissed suggestions that he had the authority to direct courts on how to handle Besigye’s case, insisting that judicial decisions remained independent of his office.
“The Minister of Justice doesn’t tell the courts what to do. At most he can advise the Prosecution not to oppose bail for an accused person for well-stated reasons. The final decision would still lie with the DPP,” he said.
Mao also commended the doctors who attended to Besigye, saying their intervention, following the President’s instructions, had enabled him to receive the best medical care available in Uganda.
However, he said the medical team had recommended specialised treatment abroad to facilitate his recovery, which he said could not be adequately provided within the country.
“The doctors have, however, advised that to speed up his recovery he needs more specialised treatment, which we cannot provide in Uganda,” Mao said.