By Hillary Nsambu
The Court of Appeal has rejected an application in which Shanita Namuyimbwa popularly known as Bad Black had sought to be released on bail the second time, pending her appeal against conviction and sentence of four years' imprisonment for embezzlement.
Bad Black, through her lawyer, Alfred Okello-Oryem Wednesday sought to have her original bail re-instated.
She had also requested the court to release her on the same conditions as before; in which she readily deposited sh100m cash in court as one of the conditions set for her release, then.
Bad Black and Greenhalgh seem to exchange pleasantries in court
However, when the court asked the lawyer to explain why the first bail had been cancelled, the lawyer abandoned the application for the re-instatementl and applied to make a fresh one, but with lesser conditions.
Okello-Oryem had also asked the court for permission to proceed with the application without the representative of the DPP, arguing that they had no proper reason why they were not in court.
However, he told the court that he was aware of a letter by the prosecution directorate, but asked the court to disregard it because it was based on flimsy reasons.
After the lawyer had allowed him to proceed exparte, it nonetheless dismissed the application, but ruled that it would give its reasons in detail on June 25, 2014.
Justices Solomy Balungi Bbosa (chair), Prof Lillian Tibatemwa Ekirikubinza and Fred Egonda-Ntende presided over the court.
In July 2012 Justice Catherine Bamugemereire of the Anti-Corruption Court convicted Bad Black and Medi Ssentongo for embezzlement of over sh11b belonging to Daveshan Limited, a company she owned with her European boyfriend David Greenhalgh.
Bad Black discussing with her lawyer in court
The court sentenced Bad Black to four year’s imprisonment and Sentongo to two years. However, Bad Black was dissatisfied and; she appealed the conviction and the sentence of imprisonment.
She applied and was allowed to be released on bail pending the hearing and final disposal of her appeal in the Court of Appeal.
One of the reasons she advanced for bail then, was that before she was convicted and sentenced she had breast implants that needed medical attention.
She also told the court that after having been incarcerated, she developed serious medical complications that could only be treated in Dubai.
Bad Black was later released on bail and ordered to pay sh100m in cash, which she paid. Her four sureties were bonded in sh10m, which each would forfeit to the Government, upon Bad Black’s jumping her bail.
Bad Black however jumped bail and was six months later arrested in Rwanda from where she was extradited into Uganda.
Upon re-arrest by the Uganda Police, the court sent her back to Luzira to continue serving the sentence, hence this application for reinstating her bail pending her appeal.