The Independent Uganda: You get the Truth we Pay the Price
Masaka, Uganda | THE INDEPENDENT | Masaka High Court Judge Fatuma Nanziri Bwanika has set August 22nd as the day for ruling on the bail applications by the bodyguards of the National Unity Platform-NUP President Robert Kyagulanyi Ssentamu alias Bobi Wine.
Justice Nanziri set the date on Thursday after listening to submissions from both the state and the applicants, who are facing charges of robbery and assault of female journalists.
Achilleo Kivumbi, Edward Ssebuwuufu aka Eddie Mutwe, Grace Wakabi alias Smart-wa Bobi, Gadhafi Mugumya, were arrested early this year, charged, and remanded on charges of aggravated robbery, malicious damage to property, and assault, offences they allegedly committed in May last year.
According to the charge sheet, the suspects assaulted and shattered a video camera and smartphone of two female journalists who were covering a burial ceremony at Manja village in Kissekka sub-county, Lwengo district. The suspects have since denied the offences and describe that arrest as political persecution by the state.
The prosecution, led by Michael Wakosesa, the Masaka Senior State Attorney, indicates that the suspects also stole two more smartphones and sh200,000 and caused grievous bodily harm to three other complainants, who they allegedly threatened with sharp bayonets.
The suspects who were on Thursday represented by lawyers, Alias Luyimabazi Nalukoola, Shamim Malende, Samuel Muyizzi and Kato Tumusiime, formally applied to be released and answer charges while out of prison.
In his submission, Nalukoola argued that the applicants have stayed long on remand without trial, which abuses their constitutional presumption of innocence until proven guilty.
He also noted that, apparently, the dependents of the applicants, who include their children, are already suffering in the absence, indicating that specifically, Wakabi has a sick mother who needs care that can only be appropriately provided by his son.
The applicant may not be able to recover what he would have lost in the event the case is determined in his favour,” he submitted.
The lawyers accordingly presented to the court five Members of Parliament, Masaka City Mayor Florence Namayanja and relatives of the accused persons to stand surety for their bail.
However, the court was treated to drama when some of the sureties could not present their village introduction letters and National Identification Cards to prove their authenticity.
Accordingly, Michael Wakosesa, the Senior State Attorney, prayed that the Court treat the sureties as unsubstantial, a basis upon which bail should be denied.
”Besides the Village introduction letters, some of these MPs have failed even the basic substantiality test, of telling the court the actual areas where they stay. Some have multiple homes that are not even within the proximity of where the applicants stay,” he noted.
He also told the court that investigations in the matters were complete and prayed that the case be fixed for hearing as opposed to granting bail, which may provide an opportunity for the accused persons to interfere with the witnesses, with the interest of frustrating trials.
He also argued that because the suspects face criminal offences of a grave nature, it was likely that they will jump bail and disappear to evade the accruing punishments.
But, Elias Luyimabazi Nalukoola, the lead lawyer of the suspects, observes that the State is trying to hide behind technicalities to continue holding the suspects in prison without legal justifications.
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