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Judge declines to hear Kahonda’s bail application

By Jackie Nambogga

Added 14th July 2017 04:47 AM

It fails to take off after the judge explains that proceeding in the prosecutors' absentia would be a miscarriage of justice.

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It fails to take off after the judge explains that proceeding in the prosecutors' absentia would be a miscarriage of justice.

PIC: Kahonda (far-left) shakes hands with one of his supporters as he was being returned to prison from court in Jinja. (Credit: Jackier Nambogga)

POLITICS | COURT


The Jinja High Court resident judge, Justice Eva Luswata has declined to preside over the bail application of the jailed Ruhinda County MP Dononzio Kahonda Mugabe in the absence of state prosecutors.

Kahonda’s bail hearing was brought forward from the August 16 to July 13, but failed to take off  after the judge explained that proceeding in the prosecutor’s absentia would be a miscarriage of justice.

This was after the defence lawyers, Caleb Mwesigwa and Asuman Basalirwa asked court to proceed with the hearing of their client’s bail application despite the prosecutors' ongoing strike.

Luswata said that much as the attorneys were exercising their right to strike, the applicant was equally entitled to his constitutional right for bail.

However, she noted that since the Director of Public Prosecutions (DPP) had no stake in the change of date, it would be a miscarriage of justice not to afford the DPP hearing.

Consequently, Luswata adjourned the hearing until July 24 and ordered the state to reply to the defence affidavits on July 19.
However, Luswata’s decision left Kahonda’s supporters, including legislators who filled the court room, overtly angry.

Kahonda, a retired captain, was found guilty of 11 counts of impersonation, forgery and for uttering false documents while joining the Uganda People’s Defence Force (UPDF) military academy in Jinja in 2001.

 

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