By Benon Tugumisirize
Adam Suleiman Kalungi, the key suspect in the murder of the former Butaleja Woman MP Cerinah Nebanda has been denied bail after the sureties he presented did not meet the requirements.
Esther Nambayo, the Chief magistrateon Tuesday ruled that whereas bail is the accused's constitutional right, the sureties should present to court land titles registered in their names.
“Bail has been denied to A1 because the titles the sureties presented were not in their names. The sureties should either have the titles in their names or the accused finds the sureties with titles in their names” said Nambayo before setting the hearing date to April 8.
Kalungi through his lawyer Geoffrey Kandeebe applied for bail, presenting two sureties identified as Umar Kasozi 32 resident of Entebbe and Geoffrey Bamwiine 42 resident of Mulimira zone in Bukoto Nakawa Division.
The lead prosecutor Samalie Wakholi however objected to the bail application arguing that the fact that Kalungi was arrested outside the country, it was clear that he would use the same route to run away from justice.
“At the time he left the country, he did not use any of his passports because it is reported that he escaped using the truck. My Lord it is possible that the accused may use the same tricks to run away from justice” Narrated Wakholi before urging court to consider Godfrey Musana’s affidavit to deny the accused bail.
Kandeebe Geoffrey, the accused’s lawyer said that Musana's affidavit was found incompetent by the same court. He added that court is not concerned with how the accused was arrested so long as he is in court.
“Court is not concerned with how the accused was arrested so long as he is in court. My client should be treated like any other suspect and nothing has been proved to disentitle him from missing bail,” argued Kandeebe.
Court, also amended the charge sheet, reinstating two charges against the six suspects making the number of charges four.
Nambayo recently struck out the charge of supplying and dispensing restricted drugs from the charge sheet contrary to sections 13 (1), and 60 (2) of the National Drug Policy and Authority Act since they had not specified whom they were supplied and dispensed to.
The hearing also did not commence as earlier communicated because one of the suspects Khan Babu who only understands Kiswahili did not have an interpreter.
Court agreed that the interpreter be produced to court in the next sitting before setting 21/03/2013 as the date for mention.
Adam Suleiman Kalungi, Noor Abubakar, Khan Babu, Abdul Abid Rashid Butt, Ali Omar Almuzahim and Fatuma Babu are now facing charges of manslaughter, two counts of being in possession of narcotic drugs contrary to the National Drug Policy and Authority Act plus supplying and dispensing restricted drugs.