Hearing of 32 NUP supporters’ second bail application deferred
Mr George Musisi, one of the lawyers of NUP members (standing) during his submission at the General Court Martial in Makindye, Kampala, on September 27, 2022. PHOTO | FILE
What you need to know:
- Prosecution alleges that between November 2020 and May 12, 2021, in diverse areas of Jinja, Mbale, Kireka, Nakulabye, Kawempe, Nateete and Kampala Central, the accused and others stsill at large, were in possession of 13 pieces of explosive devices which are ordinarily a monopoly of the defence forces.
The army court in Kampala has deferred hearing of 32 National Unity Platform (NUP) supporters’ second bail application.
The suspects, most of whom were arrested from the island district of Kalangala while on NUP leader, Mr Robert Kyagulanyi’s campaign trail, are accused of unlawful possession of explosive devices which are ordinarily a monopoly of the defence forces.
They have been on remand at Kitalya Prison for more than two years following their arrest during 2021 violent presidential campaigns which saw Mr Yoweri Museveni of the ruling National Resistance Movement (NRM) declared president as he sought to stretch his rule to the fourth decade.
In October last year, the suspects, most of whom are youths under 30, were denied bail by the same court presided over by Brig Gen Freeman Mugabe who argued that their sureties were not substantial, the offences against them are serious in nature and that they failed to prove that they have fixed places of aboard.
Pending expeditious trial
Brig Gen Mugabe, however, ordered for an expeditious trial, which their lawyers led by Mr George Musisi, say has been frustrated by both the state and the General Court Martial itself.
The first bail application was dismissed nine months after it had been filed.
In their second attempt to secure bail, the suspects who appeared before Brig Gen Mugabe on Monday asked court to release them pending hearing of their case.
Among the grounds they listed for their temporary release include their lawyers’ argument that bail is their constitutional right, they have fixed places of abode within the jurisdiction of court and that their sureties are substantial.
They also promised not to interfere with investigations into the case or compromise witnesses.
Their lawyers further argued that they are law-abiding citizens who have never been charged with or convicted of any criminal offence before, they are presumed innocent until found guilty and that they will abide by bail conditions imposed on them by court.
Further, they told court that they have been on remand for two years without knowing how long the case will take.
However, the state prosecutor, Lt Gift Mubehamwe asked court for more time to verify the documents submitted by the suspects’ lawyers, arguing that some of their sureties are also suspects in another offence but out on bail.
Brig Gen Mugabe adjourned the case to March 29 when court is expected to hear submissions from the state prosecutor on the bail application.
The case
Prosecution alleges that between November 2020 and May 12, 2021, in diverse areas of Jinja, Mbale, Kireka, Nakulabye, Kawempe, Nateete and Kampala Central, the accused and others stsill at large, were in possession of 13 pieces of explosive devices which are ordinarily a monopoly of the defence forces.
The suspects who include Rashid Ssegujja, Yasin Ssekitoleko, Robert Christopher Rugumayo, Ronald Mayiga, Patrick Mwase, Simon Kijambo, Abdu Matovu, Richard Nyombi, Olivia Lutaaya, Ronald Kijambo, Sharif Kalanzi, Joseph Muwonge, Mesach Kiwanuka, Abdalla Kintu, Umar Emma Kato and Musa Kavuma were charged with unlawful possession of ammunition contrary to Section 3 (1) and (2) of the Firearms Act.
Others are Ibrahim Wandera, Asbert Nagwere, Steven Musakulu, Jimmy Galukande, Paul Muwanguzi, Kenneth Kamanye, Sharif Matovu, Shafiq Ngobi, Davis Mafabi, Abdallah Hakim Gibusiwa, Livingstone Katushabe Kigozi, Obalai Siraji Mudebo, Joseph Muganza and Stanley Lwanga.
One released
Meanwhile, the same court granted a cash bail of Shs2 million to a NUP diehard, Hussein Ssebandeke Kato, alias General Gaza, 33, who is also charged with unlawful possession of defence stores.
His sureties were bonded at Shs5 million, not cash. He was ordered to report to court twice a week and his movements confined to Kampala and Wakiso.
Prosecution alleges that Ssebandeke on or around September 21, 2022 while at his residence at Kyengera Buddo in Wakiso District was found in possession of one pair of desert boots, one pair of jungle boots, a black beret and a walkie-talkie which are gazzeted defence stores.
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