By KT Reporter
The High Court in Masaka has denied bail to bodyguards of the National Unity Platform-NUP President Robert Kyagulanyi Ssentamu alias Bobi Wine, who are facing charges of aggravated robbery and assault.
Justice Fatuma Nanziri Bwanika dismissed bail applications of Achilleo Kivumbi, Edward Ssebuwuufu aka Eddie Mutwe, Grace Wakabi alias Smart-wa Bobi and Gadhafi Mugumya, who are currently on remand on charges of aggravated robbery, malicious damage to property and assault, offences they allegedly committed in May last year.
Despite their lawyers presenting before the Court sureties, the judge, based on objections by the State against their request for temporary freedom from prison, where they have been since February this year.
Last week, through their lawyers, Alias Luyimabazi Nalukoola, Shamim Malende, Samuel Muyizzi and Kato Tumusiime formally applied for bail, pleading that they have stayed long on remand without trial, which abuses their constitutional presumption of innocence until proven guilty.
They also told the court that they have dependents, including their children are already suffering in their absence, adding that specifically, Wakabi has a sick mother who needs care that can only be appropriately provided by his son.
However, the prosecution led by Brian Kalinaki and Mariam Njuki, Senior State Attorneys from the Director of Public Prosecution, objected to the application to grant the accused person bail, fearing that they would interfere with the witnesses, which would also frustrate the trial.
They also told the court that files for all the accused persons were already sanctioned and committed for trial and prayed that the case be fixed for hearing as opposed to granting them bail, which would violate the statutory provision of expeditious trial.
In her ruling, the judge held that the applicants failed to prove exceptional circumstances that would form strong grounds for the grant of bail in capital offences that fetch severe sentences such as death.
“Five of the six offences the applicants are charged with fetch capital punishments upon conviction. In such instances, the law requires that the applicants prove exceptional circumstances such as serious likeness, infancy of recommendation by certified authorities, which is not the case in the application before the court,” the ruling partly indicates.
The court also held that because the applicants used violent actions while committing the offences against their victims, some of whom are female journalists who were on duty, the release of the accused would be strike to press freedoms and public trust.
The court instead directed the Masaka High Court Registrar to schedule the matter for trial at the earliest time possible.
Samuel Muyizzi Mulindwa, the lead lawyer of the applicants, received the ruling with dismay, faulting the trial Judge for basing her decision on grounds that never came up during the hearing on the application.
He says their team is considering pushing for a speedy trial of their clients, warning that should there be any further delays in prosecution, they will reapply for bail.
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