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Security personnel defy court, re-arrest terrorism suspect released on bail
Kololo based International Crimes Division (ICD) of the High Court presided over by Justice Moses Mukiibi yesterday ordered for the release of Ismail Kalule (pictured) on bail pending trial and ordered security organs to desist from disrespecting court orders.
What you need to know:
- Through his lawyers led by Mr Evan Ochieng, Kalule also a religious instructor had applied for bail pending trial arguing that he is innocent and that it is in interest of justice considering the time he has spent on remand without trial.
- Justice Mukiibi said that court granted Kalule bail as a Constitutional right to any Ugandan. He added that there was absence of evidence that the suspect may cause lawlessness to the society if released on bail.
KAMPALA. Security personnel last evening defied court orders and re-arrested a suspect charged with plotting to overthrow the government who had been released on bail pending trial.
Kololo based International Crimes Division (ICD) of the High Court presided over by Justice Moses Mukiibi yesterday ordered for the release of Ismail Kalule on bail pending trial and ordered security organs to desist from disrespecting court orders.
“As different players execute their functions, they should have clear vision and observance of Constitutional provisions and the law. No organ should exercise too much power in total disregard of the roles of other organs,” held Justice Mukiibi whose orders where not adhered too.
While ordering for the release of Kalule, the judge observed: “It is not only bad or uniformed officers in security organs who can flagrantly disrespect court orders. We should all bow our heads to the governance of the rule of law.”
However, armed security personnel in UPDF, Counter Terrorism and regular Police officers in uniform and plain clothes who had cordoned off the court premises during the reading of the ruling blocked journalists from accessing court holding cells as they whisked Kalule to unknown destination.
Kalule is among the five people who were re-arrested in 2016 by armed security personnel soon after they were acquitted on several accusations of murder, attempted murder and terrorism in regard to their involvement in the twin bombing of the Ethiopian Restaurant in Makindye Division and Lugogo Rugby Grounds in Kampala in 2010 which claimed 76 lives leaving scores injured.
Others re-arrested include; Kenyan nationals Omar Awadh Omar, Yahya Suleiman Mbuthia, Mohamed Hamid Suleiman and another Ugandan, Abubakari Batematyo.
The group was charged with terrorism and conspiracy to commit terrorism, before the Chief Magistrates Court in Jinja, and remanded to Luzira Prison.
Court records indicate that in December 2016, the group was committed to High Court for trial but the committal file has not been received by the ICD.
Through his lawyers led by Mr Evan Ochieng, Kalule also a religious instructor had applied for bail pending trial arguing that he is innocent and that it is in interest of justice considering the time he has spent on remand without trial.
Factors for bail
Justice Mukiibi said that court granted Kalule bail as a Constitutional right to any Ugandan. He added that there was absence of evidence that the suspect may cause lawlessness to the society if released on bail.
The judge observed that there was also absence of evidence that the suspect has any likelihood of interfering with the course of justice.
