Court issues directives on Gen Tumukunde's bail application
Presidential aspirant Lt Gen (Rtd) Henry Tumukunde (centre) being supported as he walks to City Hall Grade I Magistrate's Court where he was charged with treason and illegal possession of fire arms before he was remanded to Luzira prison on March 19, 2020
KAMPALA- The High Court Monday issued directives that will be followed to hear the bail application of Lt Gen Henry Tumukunde, a presidential aspirant, who is facing charges of treason and unlawful possession of firearms.
According to the directives that were issued by the head of the High Court Criminal Division, Justice Wilson Kwesiga, Lt Gen Tumukunde's bail application will be heard and disposed of through written submissions of the applicant's (Tumukunde) and respondent's (Attorney General) advocates.
"Following the prevailing coronavirus threats and pursuant to government guidelines to prevent the dangers associated with avoidable public gatherings, the above bail application will not be conducted in open court," Justice Kwesiga said.
The Justice Kwesiga ordered Gen Tumukunde's lawyers to file their written submissions with all his supporting evidence and serve the respondent's not later than March 28 while respondents reply on April 3.
He said that a rejoinder, if any, should be submitted on April 6 April, since the final ruling will be made on April 14.
The judge directed all pre-trial proceedings be transferred from City Hall Court to the Chief Magistrate Court at Buganda Road where proceedings will be managed through video-linked system.
Gen Tumukende, who is a former security minister, applied for bail application on Friday.
Gen Tumukunde’s lawyers want their client to get temporary freedom since he was detained at the Special Investigations Unit in Kireka from March 12 to March 18, without trial.
“The applicant has a fixed place of abode at Plot 34 Upper Kololo Terrance, Central Division in Kampala within the jurisdiction of this honourable court. There is no likelihood of the applicant interfering with the investigation or prosecution witnesses,” court documents filed on Friday, read in part.
They argued that the applicant has substantial sureties who will ensure his attendance of court at all material times whenever required and to comply with the terms of bail.
“The applicant is of advanced age and has at all material times been a law- abiding citizen and has never breached any terms of police bond or bail before,” the bail application reads.
Gen Tumukunde’s lawyers told court that he believes in his innocence on the charges preferred against him and it is his strong desire to prove it at the trial whenever it commences.
Gen Tumukunde’s bail application file is supported by his two affidavits affirming that he is a retired Lieutenant General of the UPDF and not a flight risk and that he will abide by such terms and conditions as may be set by court if released on bail.
Gen Tumukunde further stated that he has a wife, Stella Tumukunde, with whom they have seven children that he looks after and he is the sole provider of all their needs and requirements and therefore, his continued detention is adversely affecting their livelihood and welfare.
