Kwoyelo's bail application set for today

Nov 15, 2018

The pronouncement for the bail application was confirmed by the trial panel of judges during the closure of the sitting of plea-taking that ended on Tuesday afternoon.

COURT

All is set for the hearing of the former LRA commander, Thomas Kwoyelo Latoni's bail application before the International Crimes Division (ICD) of the High Court of Uganda on Thursday in Gulu, starting at 9:00am.

The pronouncement for the bail application was confirmed by the Trial Panel of judges during the closure of the sitting of plea-taking that ended on Tuesday afternoon.

The pronouncement was made by an ICD judge, justice Duncan Gaswaga who was flanked by lady justice Peris Jane Kiggundu and Michael Elubu.

The accused-person, Kwoyelo pleaded not guilty to all the confirmed 93 criminal counts.

Kwoyelo is faced with various war crimes and crimes against humanity. Other include violations of article 3 common to the Geneva Conventions under Customary International law and other serious offences under the Penal Code Act of Uganda that violate sections 188/189, 243 (1) (a), 285 (2), 204 (a) and 131 (1).

Some of the crimes include murder, attempted murder, kidnap with intend to murder, rape, hostages of adducted people among others .

In Uganda bail is a constitutional right provided for under Article 23 (6) (a) of the Constitution which provides that a person arrested in respect of a criminal offence is entitled to apply to the court to be released on bail and the court may grant the same on such conditions as the court considers reasonable.

Specifically, under Article 23 (6) (b), it is provided that a person shall be released on bail on such conditions as court considers reasonable. This position continues to reassert judicial independence.

Bail is, therefore, an agreement between the accused, his sureties or surety, if any, and the court that the accused will attend his trial on a date and place fixed by court and will be liable to pay certain sum of money fixed by court should he or she fail to attend the trial as indicated. 

 

The rationale for granting bail is based on the provisions of Article 28 (3) (a) of the Constitution and Article 7 (1) (b) of the African Charter on Human and People Rights that presume every person accused of a criminal offence innocent until proved guilty.

 

 

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