Military prosecutors led by Captain Ambroze Guma said that they didn't have any objection to bail application of the accused persons. He however, hastened to add that they are finalizing the scrutinizing of the affidavits for the remaining 18 suspects.
Prosecution led by Major Emmy Ekyaruhanga asked to be given a week to make a response to the application. Ekyaruhanga added that the officer who was supposed to swear an affidavit responding to the application was away in Gulu on other state duties and will return within a week.
On March 3rd 2021, the group was denied audience by High Court Criminal Division on grounds that a court trying someone is well placed to handle a bail application since it's well conversant with the facts of the case thus this new fourth application.
In her judgment, Justice Esta Nambayo argued that the reasons presented by the Attorney General through his agents were convincing. Nambayo also explained that as civilians, the applicants were lawfully charged under section 119 of the UPDF Act since they were found in possession of ammunition that are a monopoly of the Defense Forces and are therefore subject to military law.
“.... We have studied both your pleadings and the Authority of Hon Michael Andrew Kabaziguruka Vs Uganda, HC/CR/MA/258/2016 attached to your letter above, and have concluded that since your application arises from a case before another court (the General Court Martial), and in view of our more recent decision of Haji Abdallah Kitatta Vs Uganda HC/CR/MA/43/2018 (that is available online), we cannot entertain your Application”, reads the letter in part.
But on the way to the bank, their sureties were reportedly beaten and chased away by police and military before they could sign the bail forms hence, frustrating the exercise which was later finalized the next day.
