Baguma applied for bail before going to jail- DPP

KAMPALA- The State prosecution yesterday opposed the bail application by remanded former Kampala Central Police Station commander Aaron Baguma, saying he is an elusive officer likely to escape justice if he is released on bail.

In a rather strange development, prosecution revealed that Baguma applied for bail on August 23, a week before his appearance in court. This means he started asking court to release him from detention when he was not in prison.
The prosecution said this move was “irregular and pre-emptive.”

“My lord the purpose of bail application is to release an incarcerated suspect. The applicant (Mr Baguma) first appeared in court on August 30 when the charges were read to him for the first time. So by August 23, circumstances leading to the raise of the bail application had not arisen,” senior State Attorney, Mr Jonathan Muwaganya, submitted to court.

“The application was prematurely brought before court. One cannot apply for bail before charges have been read to them. This application was made in anticipation and its contents are not factual but speculative.... How can one, who has not subjected himself to jurisdiction of the court seek remedies before the same court?” he wondered.
He asked the trial judge Wilson Masalu Musene to dismiss Baguma’s bail application.

The case
Buganda Road Chief Magistrate’s Court committed Mr Baguma to High Court on Tuesday to stand trial for the murder of businesswoman Betty Donah Katusabe who was killed on October 2015. Murder is a capital offence only tried by the High Court.

During cross-examination yesterday, Mr Baguma could not tell when the affidavits for his bail application were made, a scenario that provoked murmurs in the fully packed court. In rebuttal, Baguma’s lawyer, Mr Abraham Mpumwire, defended his client’s actions, saying he was just “over prepared” and should not be victimised for that.

Mr Mpumwire argued that what was relevant was the date the bail application was filed in court which he said was September 1 when Baguma was already remanded in Kigo prison.

The lawyer raised several other grounds to support Baguma’s bail. Mpumwire said being a law abiding senior police officer, Baguma cannot skip court. He also said Baguma is the sole bread winner for his family, voluntarily presented himself to Buganda Road Chief Magistrate’s Court on August 30 and was charged and has a permanent place of residence in Nalya, a Kampala suburb.

His lawyer said this is sufficient proof that he would subject himself to the jurisdiction of the court. The lawyer also said Baguma suffers from acute ulcers which cannot be treated from prison.

However, the prosecution challenged this ground, saying no medical evidence had been adduced in court to prove the claim. Prosecution raised other grounds challenging Mr Baguma’s bail application and cited the sequence of events spanning almost a year when Mr Baguma defied DPP summons to appear in court.

Mr Muwaganya said Baguma only surrendered to court after running out of options. He said this shows Baguma is not a law-abiding citizen.

“My lord, the offences for which the applicant (Mr Baguma) was charged were committed on October 21, 2015 and as early as November 19, 2015. Formal instructions were given by the DPP, instructing the charging of the applicant. That notwithstanding, the applicant continued holding onto a public office as the DPC,” Mr Muwaganya told Justice Musene.

Mr Baguma is jointly charged with eight others including the proprietor of Pine Car Bond Muhammed Ssebuwufu, where the deceased was killed for allegedly failing to clear a Shs9m balance on the car she had bought from car depot.The suspects face charges of murder, kidnap with intent to murder and aggravated robbery.

Prosecution says Baguma is elusive

Even after formal criminal summons were issued, duly communicated to police and duly received but the applicant (Baguma), he did not subject himself to the due process.
After he defied criminal summons, a warrant of arrest was issued and on realising that all the options were exhausted, the world became small for him and he decided to surrender himself.

This cannot be the conduct of a law-abiding citizen and in fact it cannot be the conduct of a law enforcement officer,” prosecutor Muwaganya further submitted.

However in rebuttal, Baguma’s lawyer Mpumwire reiterated that his client is a “law-abiding citizen” and insisted he had not defied any orders of the DPP.

Mr Mpumwire said Baguma did not appear in court because he had not been served the summons. After hearing from both counsel for the defence and the prosecution, Justice Musene said he would announce his ruling today.

[email protected]