National
Lawyers clash over spy chief's bail application
Publish Date: Mar 26, 2014
Lawyers clash over spy chief's bail application
Maj. Herbert Muramagi
  • mail
  • img
newvision

By Pascal Kwesiga                                  

Lawyers representing the Internal Security Organization (ISO) director of marines, Maj. Herbert Muramagi have clashed with the state prosecutors over the right to bail and “long” investigations of the case brought against their client.


Defense lawyers, Capt. Nasser Drago, Nsubuga Mubiru and Allan Sseruliika clashed with state prosecutor; Capt. Gerald Bamwitirebye after he (Bamwitirebye) asked court to briefly adjourn before they could respond to Muramagi’s bail application.

He said they needed time to study the documents contained in Muramagi’s bail application before they can reply.

Muramagi is facing charges of conduct prejudicial to good order and discipline before the General court martial at Makindye.

The state alleges that, Muramagi, with others still at large, plotted to kill his superiors between last May and February this year. He allegedly committed the offense in diverse places in Kampala.

He was brought to court to attend the second mention of his case and to file a bail application.

Bamwitirebye submitted that they could not respond to Muramagi’s bail application immediately because the state was not aware if the accused’s sureties, Majors Aguma Hatega, Were Melkzadeck, Charles Ndawula and Jackson Kakuru were not accomplices in crime.

“We are unable to proceed with a reply. This is not a battle field, we know he has a right to bail but we cannot be ambushed,” Bamwitirebye said.

He submitted that the defense furnished the state with an affidavit of Jane Muramagi (accused’s wife) in support of her husband’s bail application and particulars of the sureties a few minutes before court convened to hear the application.

“We need time to verify the sureties, we do not know if they are accomplices,” Bamwitirebye added.

Although the state received the notice of motion for the bail application and an affidavit from the accused in support of his application, he said, they needed to study the affidavit of the accused’s wife, a medical report from the accused’s personal doctor, particulars of the sureties and documents obtained from the Kazinga LCI chairman in Ntinda-Kiwatule where the accused lives.  

Bamwitirebye explained that although the accused’s lawyers filed a notice of motion introducing the bail application, followed by the accused’s affidavit with the court registrar, these documents were not served to the state immediately. “We received the documents on March 19. Filing is another issue and serving in a different one,” he added.

Sseruliika submitted that bail is constitutional right that cannot be denied on the basis that part of the documents required to consider his client’s application were filed late.

“The state is not interested in dispensing justice. If they had interest, they should have replied now, bail is an urgent matter,” he added.

Sseruliika wondered why Bamwitirebye doubted the substantiality of the sureties yet they were his superiors approved by the ISO director general to stand surety for their colleague.

 

The statements, comments, or opinions expressed through the use of New Vision Online are those of their respective authors, who are solely responsible for them, and do not necessarily represent the views held by the staff and management of New Vision Online.

New Vision Online reserves the right to moderate, publish or delete a post without warning or consultation with the author.Find out why we moderate comments. For any questions please contact digital@newvision.co.ug

  • mail
  • img
blog comments powered by Disqus
Also In This Section
Gambian government bans sports betting
The statement says sports betting shops are to stop operations with immediate effect....
Good news in the failed HIV trial
The disappointing results from a trial of a vaginal gel in South Africa will not disappoint researchers, a regional HIV prevention research expert, Dr Patrick Ndase said. Instead, it makes the ongoing trial in Uganda more hopeful for better results...
FDC hails Museveni over Nyombi sacking
The opposition’s Forum for Democratic Change (FDC) has hailed President Yoweri Museveni for dropping Peter Nyombi from Cabinet as Attorney General, saying it was ong overdue....
East African youths want land transfer addressed
This is a general problem with land in our rural community settings in East Africa. It is worsened by the rapid population growth and also by the fact that land is a fixed asset and it is transferred from one generation to another....
Bill Gates tops Forbes Billionaire list 2015
Bill Gates is once again the richest person on the planet, a title he has held for 16 of the past 21 years. His fortune grew $3.2 billion since last year to $79.2 billion....
Namibian president Pohamba wins $5m African prize
Outgoing Namibian President Hifikepunye Pohamba has been announced as the winner of the Mo Ibrahim award for African leadership - a lucrative prize worth millions of dollars....
Do you think government is doing enough to contain the typhoid out break?
Yes
No
Can't Say
follow us
subscribe to our news letter