State objects bail for UPDF treason suspects

By Michael Odeng

State prosecutor Aldine Asingwire on Thursday asked the High Court not to grant bail to seven UPDF soldiers who were jointly charged with Bubulo West MP, Tony Kipoi Nsubuga with treason.

MP Kipoi and the UPDF soldiers were charged on December, 31, 2012 over an alleged meeting held with Democratic Republic of Congo rebels in a guest house in Kabarole.

Prosecution alleges that the legislator who has a security background, was recruiting personnel from Ugandan as well as Congolese rebels belonging to COGAI, a rebel group based in Bunia in Ituri, Democratic Republic of Congo. 

Prosecution also claims that Kipoi had promised to support the rebel groups with fire arms. The MP was released on a cash bail of 10m by the very High Court while his co-accused were sent back to Luzira prison.

Defence lawyer, Dalton Charles Opwonya urged the High Court Judge Joseph Mulangira to release the suspects on bail.

Quoting article 23 (6) of the constitution, Opwonya said the suspects had a right for bail and were entitled to a fair trial because they had spent over eight month in prison.

“It is within discretional powers of this court to release the suspects on bail because their families need them and they do not have pending charges against then except this one,” he added.  

The prosecutor however asked Mulangira to dismiss the bail application from the suspect’s lawyer.

Asingwire argued that the group, with retains hefty political clout could jeopardize on-going investigations by interfering with prosecution witnesses.

She also rejected the application on grounds that the suspects had no fixed place of abode within the jurisdiction of court and did not also reveal exceptional circumstances such as grave illness to grant them bail.

“I pray that court does not grant the accused persons bail because they have no zeal and determination to follow court proceedings after being granted bail,” she added.

She told court that the DPP was through with their investigations and ready for trial of the case.

The trial judge adjourned proceedings until October 11 for the bail ruling.