State frustrates Mumbere bail application

JINJA. The State yesterday frustrated the scheduled hearing of King Charles Wesley Mumbere’s bail application.
When the application came up for the hearing, Principal State Attorney Rachael Bikhole raised an objection, saying the Jinja High Court which was presiding over the matter did not have the required jurisdiction.
Ms Bikhole said since the Omusinga (king) is facing terrorism, among other charges, his bail application should be heard by the International Crimes Division of the High Court which has the jurisdiction to hear such capital offences, not the ordinary High Court.
She added that a judge outside the International Crimes Division like Justice Eva Luswata, who was set to preside over the Mumbere bail application, could only do so after being designated by the Principal Judge.
The International Crimes Division of the High Court is a special court that handles offences like human trafficking, crimes against humanity, war crimes and genocide.
“My lord, before we proceed, as respondents, we have a preliminary objection to raise. The applicant is charged in two separate files and terrorism charges are among the charges that he is facing. I would like to draw your attention to the practice direction rules of the International Crimes Division of the High Court that provides the jurisdiction to try offences like terrorism, human trafficking, crimes against humanity, war crimes and genocide.
Rule 54 of the International Crimes Division of the High Court, provides that bail is supposed to be heard by a judge or a panel of judges. It is therefore our prayer that you refer this matter to the International Crimes Division, we so pray,” Ms Bikhole submitted.
As Ms Bikhole was still making her submissions, Justice Luswata interjected and asked her what would happen to the other offences the Rwenzururu king is facing such as murder, treason and aggravated robbery which are supposed to be tried by the High Court under the Penal Code Act.
In a quick response, Ms Bikhole said the International Crimes Division can also hear the other offences that are supposed to be heard by ordinary courts.
A host of Mumbere’s defense lawyers who included Caleb Alaka, Evans Ochieng, Samuel Muyizzi, strongly objected to the State’s objection.
Mr Alaka branded the State’s move as being done in ‘bad faith’ on grounds that the Director of Public Prosecutions in his affidavits in response to the bail application, had not pointed out any preliminary objection but instead brought it at the last moment.
The king’s lawyers countered that the practice guidelines of the International Crimes Division of the High Court only make it mandatory to have offences such as terrorism to be heard before it during the trial stage but not at bail application level as in Mumbere’s case.
“The DPP has relied on paragraphs 6,8 and 2 of the International Crimes Division practice directions, all these paragraphs are applicable when it comes to a trial but before us, there is no trial,” counsel Alaka submitted. “If he (king) had been committed to the International Crimes Division, then the state’s arguments would have held water but this is not the case now. What is before you, my lord, is a bail application and the grand law under which such applications are made is the Constitution.”
Mumbere’s defence lawyers further accused the DPP of handling the matter with double standards.
They argued that the DPP wrote to the Chief Justice Bart Katureebe requesting that the jurisdiction of Kasese District Chief Magistrate’s Court be shifted to Jinja District in order to have King Mumbere and his co-accused charged there given the volatile situation in Kasese at the time.
They wondered why the Chief Justice did not transfer the case to the International Crimes Division.
The presiding judge reserved her ruling for Thursday.
King Mumbere was further remanded to Luzira prison until Thursday.

The charges

Omusinga Mumbere is facing several grave charges including treason, murder, terrorism, attempted murder, aggravated robbery and malicious damage to property. The king is jointly charged with more than 150 of his royal guards who are currently in detention different prisons in Jinja District. The charges arise from the raid on his palace in Kasese which was bombed out on November 27 by a combined squad of the police and the army. More than 100 people were killed.

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