Kaweesi murder suspects returned to Luzira despite being granted bail

The International Crimes Division (ICD) of High Court on Tuesday cleared the bail of eight suspects facing trial for the murder of former Police Spokesperson, Andrew Felix Kaweesi, but prison officers refused to release them and were returned to Luzira prison.

The suspects are; Sheikh Abdu Rashid Mbazira alias Abdu Sewajja, Higenyi Aramaathan Noordin alias Taata Abdullazack, Yusuf Mugerwa alias Wilson, Bruhan Balyejusa alias Jimmy Masiga Ogutu and Joshua Magezi Kyambadde alias Abdu Rahman.  

The others are; Jibril Kalyango alias Abu Aisha, Yusuf Siraje Nyanzi alias Jimmy Ssentamu and Shafik Kasujja. While delivering her ruling on Tuesday, Justice Lydia Mugambe said she was fully satisfied that the suspects fulfilled all the bail conditions set by court.  

On March 19, 2019, Justice Mugambe directed the prosecution and defenses lawyers, Anthony Wameli and Ladislaus Rwakafuuzi to verify the residences and identities of the suspects before they are released. Justice Mugambe noted that although the verification had taken long because of failures on both parties, they have finally completed the exercise.   

"After looking at the verified identification and in particular their residencies, I’m satisfied that the places of residence and identification brought by the accused at the bail hearing are sufficient and clear for the state to monitor them while out on  bail,” said Justice Mugambe.

She said the suspects will be granted non cash bail as earlier ruled by the court. Justice Mugambe directed the registrar of ICD to urgently organise and fix a date for the pre-trial of the suspects, saying they have spent over two years on remand.

Despite this, Luzira Prison authorities returned the accused to prison, saying there was a pending production warrant issued against them by Nakawa Magistrates Court.  Assistant Superintendent of Prisons Ekalam told court that on May 23, 2019, they received a production warrant in respect of the accused. They reportedly appeared via video link a day after in connection to criminal offense number 13/7 for mention. 

However, the Prison officer said that the document wasn’t clear whether the charges are connected to the matter before the ICD. Mr Ekalam said they wrote back to Nakawa Court seeking clarification whether it’s the same file at ICD but hadn’t received feedback.    

The suspects disagreed with the Prisons officer, saying the purported document was concocted by Luzira prison authorities. They claimed that it had been issued with dates indicating that they should return to court on June 2, 2019, which was on Sunday yet courts don’t work on weekends.

Justice Mugambe told the accused that she had cleared their bail, saying the remaining issues can be ironed out by Nakawa Court.    

The suspect’s lawyer, Anthony Wameli said when his clients appeared in court via video link they were reportedly told that their file was at ICD and the matter couldn’t precede.    

According to the production warrant seen by this reporter, only one of the suspects identified as Yusuf Mugerwa alias Wilson is wanted. 

Shortly after Justice Mugambe released the accused on bail, prosecution instituted charges of forging identification cards and human trafficking against them at Nabweru and Mukono Magistrate’s court respectively. 

The accused persons were arrested in connection to the brutal assassination of former Police spokesperson, Assistant Inspector General of Police, Andrew Felix Kaweesi, his bodyguard Kenneth Erau and driver Godfrey Mambewa on March 17, 2017. 

The trio was gunned down a few meters from Kaweesi’s home in Kulambiro in Nakawa division, Kampala.