Musisi said when you deny someone bail under the law you are supposed to give specific reasons which are not based on fantasy and speculations. Accordingly, Musisi revealed that they are not going to return to the Court Martial to reapply for bail but will Instead be applying to the High Court which has original jurisdiction to try civilians.
The General Court Martial in Makindye has denied bail to 36 supporters of National Unity Platform who are facing charges of illegal possession of ammunition.
A seven member panel led by Lt General Andrew Gutti has denied bail to the group on grounds that they were involved in acts of violence when they were being arrested and such actions are most likely to continue if granted bail.
As such, the Court dismissed their application for bail and directed the military prosecutors to expedite investigations such that hearing can commence.
The Court relied on an affidavit that was filed by the Prosecution led by Major Emmy Ekyaruhanga and Captain Ambroze Guma opposing the bail application.
The prosecutors had adduced an affidavit sworn by Detective Assistant Inspector of Police Peter Wetaaka who is attached to Criminal Investigations Department of Police in Kibuli.
Wetaaka said that by the time the applicants were arrested, they were inciting violent protests and were of violent conduct towards police officers who arrested them from Kalangala district.
Wetaaka further argued that the applicants who are part of a group of 49 were most likely to continue the same behaviors and they should not be granted bail
Those denied bail are:
Ali Bukeni Alias Nubian Li , Edward Ssebufu alias Eddie Mutwe, Hassan Ssemakula alias Abdul Soldier, Kenny Kyalimpa , Mudde Ntambi, William Nyanzi alias Mbogo, Lukeman Mwijukye alias Kampala, Muhammad Nsubuga alias Edobozi, Adam Matovu, Shakirah Nambozo alias Sukie, Ibrahim Tamale, Muzafuru Mwanje alias Main Gate alias Muwa , Ismail Nyanzi Kaddu.
Achileo Kivumbi, Joseph Onzima alias Tawa , Anthony Agaba alias Bobi Young, Robert Kivumbi alias Mighty Family, Samson Ssekiranda alias Giant, Sharifa Najja alias Don Sharifa , Brian Ssemanda alias Director Museveni Must Go, Robert Katumba, Faisol Kigongo alias Ras Fazo, Musa Mulimira, Sam Mutumba alias Papa Sam, Richard Kalema alias Ricardo, Alex Karamagi alias Doggy City, Daniel Onywerot alias Dan Magic , Hussein Mukasa alias OShea, John Bosco Sunday alias JB, Isma Muganga alias Jaja Isma, Fahad Tamale and Bashir Murusha.
The relatives of the said persons through their lawyers led by George Musisi have described the action of denying their people bail as disgraceful.
Musisi said that when you deny someone bail under the law you are supposed to give specific reasons which are not based on fantasy and speculations.
Accordingly, Musisi has revealed that they are not going to return to the Court Martial to reapply for bail. Instead, He says they will be applying to the High Court which has original jurisdictions to try civilians.
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The 36 supporters who have been sent back on remand until unknown dates were part of a group of 49 supporters of National Unity Platform presidential candidate Robert Kyagulanyi who were arrested during his campaigns in Kalangala district in December 2020.
They were later charged with illegal possession of ammunition.
However, their lawyers applied for bail for the entire group on grounds that some of them had been tortured while under custody and some were sole bread winners at their respective homes.
The lawyers also argued that the accused were still innocent until proven guilty adding that the charges against them were bailable. But following Wetaaka's affidavit, the court released 13 of the 49 supporters last week.
This was on grounds that Wetaaka hadn't objected to their bail application and the court chose to keep the 36 on remand in Kitalya and Kigo government's Prisons until today to pronounce ruling on their application.
The prosecution alleges that the accused persons and others still at large on January 3rd 2021 were found while at Makerere Kavule , Kigundu Zone Kawempe Division, in illegal possession of four rounds of ammunition of an AK 47 gun and the said ammunition was a monopoly of the defense forces.
Meanwhile some of the relatives and friends of the accused persons who had not been granted access to court premises became chaotic after receiving news that their people had been denied bail.
They started protesting the decision and Military Police soldiers started running after them beating them terribly with some having nowhere to run to, having been cordoned off in the corridors of buildings.