Protect the right to bail and bond
Jun 24, 2018
Reasonable suggestion should be the Parliamentarians to set out clear grounds for bond and bail refusal
Parliamentarians please protect the existing Constitutional right of Bond and Bail. The concept of bail and bond has no connection to the rising crime. Why then delete the bond and bail Constitutional right? Accused is not guilty until proven guilty. An ulterior purpose must be the wanted aim to be achieved.
Deserves to remain that, the prosecution must give reasons why bond and bail should not be granted. The gravity of the offence is not in itself a reason for refusing bail. The greater the prosecution evidence, the greater the likelihood of conviction, the greater the likelihood of the defendant absconding, therefore strongly likely for refusal of bond or bail. In Uganda, the Police arrests and detains people before gathering evidence uncontestable. Our Police operate on instructions, bribe and mere guess rather than fact. This explains why 48 hours elapse, without evidence to adduce against the accused. The law has provision for exceptional cases where the Police needs more than 48 hours to gather evidence to charge an accused. What the Police have to do is, to file a request to the Court to extend the 48 hours to 72 hours.
Reasonable suggestion should be the Parliamentarians to set out clear grounds for bond and bail refusal. Known grounds are: (a) that the accused would fail to return to custody; or (b) would commit same offence while on bond or bail; or (c) interfere with witnesses or obstruct the course of justice; or (4) for safety protection of the accused; or (d) where the accused is serving a prison sentence for something else; or (e) where there has not been enough time to obtain adequate information about the accused for the purposes of granting bail; or (f) where the accused has absconded in the present ongoing proceedings against him or her; or (g) in circumstance of the accused doesn't want to apply for bail, knowing a custodial sentence is likely. The accused may want to serve their probable sentence on remand to reduce their jail sentence period.
Reasonable judges and policemen attach conditions to the bail and bond as a way to overcome objections to bail. Even those without surety to attend court, the judges still provide and attach conditions. ‘Judges are entrusted with, to preserve and to protect the existing order'. Though there exist ‘judges who are not neutral players in the game of law, are politically ……… parasitic'. Good policing starts with collecting evidence before an arrest or detaining. But in Uganda, it is the opposite. Fabrications are used to allege offences on accused. Personal gain, personal vendetta, malice, disagreeing or criticising a person who has connection with the ruling regime can end you behind bars.
I am a living testimony. In around the year of 2016, accusers alleged that I assaulted them. They went to Natete Police Station, collaborated with the Crime Preventer, who was their associate for my arrest. Money was paid to have me arrested and detained. Medical report is easy to get once you bribe, they obtained it. The bond saved me, I went to the LC and OC both in charge of area of Wakaliga B Zone, the accuser alleged being assaulted. They knew about the accuser, he had been prohibited to camp on my land. It is from this fact that he chose to have me behind bars for residents to laugh. One police officer informed me that, bribe had been paid to have me arrested and detained to sleep in the custody. Also the accuser later confessed to me that, the only option available for me to walk free again, was to refund him the money that he paid to the Police plus added asked sum. I succumbed to the demand, to have my liberty back. But to this day I shake my head in disbelief, how innocent people can end up at Luzira in jail. The Police often do not bother to try find, if there are lies in the accuser's statements. Quite many police officers are venal.
Writer is a lawyer in the UK