Nile Treasure Gate bosses granted bail

Nile Treasure Gate bosses. Photo | Juliet Kigongo 

What you need to know:

The presiding Judge Susan Okalany granted the accused cash bail of Shs5 million reasoning that it would be unfair to keep the suspects in prison where there is no conclusive evidence pointing to their involvement in the extraction of 38-year-old Judith Nakintu in Saudi Arabia

The Kololo-based International Crimes Division (ICD) has granted bail to five employees of a labour export recruitment firm who are facing charges of aggravated trafficking in human organs.

The suspects are the two directors; Mr Abubakar Sulaiman Kato, 33, Ms Mariam Muhammad, 31, and other members who include; Mr Mohammed Salmah, 43, a board member, Mr Ali Hassan Male, 38, a treasurer, and Ms Jeniffer Milly Naluga, 32, a supervisor.

These are jointly indicted with their company Nile Treasure Gate Ltd.

The presiding Judge Susan Okalany granted the accused cash bail of Shs5 million reasoning that it would be unfair to keep the suspects in prison where there is no conclusive evidence pointing to their involvement in the extraction of 38-year-old Judith Nakintu in Saudi Arabia.

“The only evidence prosecution has disclosed is that the five suspects who have a licensed export company only facilitated her (Nakintu) to travel and secured her work as a domestic worker in Saudi Arabia,” Justice Okalany ruled.

She added, “The suspects have since tendered in court documentary evidence to prove that Nakintu was involved in a motor accident and she has since been compensated by a Saudi Arabian Court”.

The prosecution alleges that the company, its bosses, and others still at large between December 2019 and October 2021 between Kampala District and Saudi Arabia organized, facilitated, or made preparations for sending to receiving, or confining of Nakintu by means of fraud or deceit or abuse of power of position of vulnerability for purposes of removal of a body part or organ.

It is further stated that for exploitation, Nakintu suffered mutilation or suffered a life-threatening illness for which offence was committed by a syndicate.

Although the prosecution led by Joseph Kyomuhendo had asked the presiding judge to dismiss the bail application on grounds that it was very premature for her to entertain a bail application since she is handling a pretrial where she is only required to confirm the charges, evidence presented against the accused.

The group was arrested in connection with using deceitful means to recruit and make preparations to send, receive and confine Judith Nakintu to Saudi Arabia to remove her kidney.

“Under the Trial and Indictments Act and the Regulations governing the international Crimes Division, a Judge presiding over a pretrial hearing cannot hear a bail application by the accused persons,” Mr Kyomuhendo had stated. 

“An accused person can only seek bail after their charges have been confirmed by the presiding pretrial judge who forwards the file for a full hearing before a panel of justices or judge,” he added.

However, through their lawyer, Mr Caleb Alaka argued that the Supreme Court has already pronounced itself that bail can be granted at any stage of the case, thus points raised by the state cannot surpass the constitution.