Judge criticises bail law

 

Justice Anup Singh Choudry of the High Court has criticised the provision of the Magistrates Court Act that allows the automatic cancellation of bail on committal of a suspect to the High Court for trial.

 

Referring to former VP Gilbert Bukenya’s case, the judge said automatic cancellation of bail not only infringes on people’s rights, but also causes a grave miscarriage of justice.

 

“The laws are meant to ensure justice. However, the provision takes away the person’s liberty and violates human rights obligations. It is quite improper to send someone to jail and ask him to apply for bail, which does not make legal                   sense,” Choudry said on Thursday.

 

 The Magistrates Court Act should have intended to empower the magistrate to cancel bail in circumstances where fresh evidence at committal demonstrated that there was a real danger of the accused person absconding or interfering with witnesses and it should then have been invoked in the interest of justice, but not otherwise, unless the bail terms were to be varied.

 

 “Unilateral cancellation of bail without the accused’s right to be heard is contrary to principles of natural justice,” Choudry asserted.

 

 The judge was recently releasing on bond three men, including the prime minister of Teso, Paul Sande Emorut.

The others are Swaibu Buyinza, a resident of Iganga and Joshua Mayanja of Kirowa Zone, Bugumba Parish, Iganga district.

 

 The accused were represented by Charles Dalton Opwonya, Richard Okalany and Kenneth Omoding.

 

 Senior State Attorney Mary Kamuli Kuteesa, who represented the state, did not oppose the application.

 

 Three sureties, who included Steven Ongaria, 71, commissioner Electoral Commission; Geoffrey Ekanya, 40, Tororo Municipality MP and Fred Muapsi Nyapindi, 60, of Rock Petroleum, each bound himself in a sh1m bond for the accused men.

 

The defence lawyers also referred to the provision of the law as obsolete and were happy about the judge’s observations.

  It was alleged that in August 2011, the men were found in possession of uncustomed 540 cartons of Super Match cigarettes, worth over sh200m at Kitgum customs post.

 

The prosecution alleges that the cigarettes had been smuggled.

 

 However, the defence lawyer told court the suspects were arrested as they were  trying to re-verify that the cigarettes were made in Uganda and could not have been smuggled.

 

  They told court that they were returning to Uganda with the cigarettes after failing to get market in Southern Sudan. 

 

“As they did not find satisfying market, they returned with them with a view to re-exporting them to another country after re-verifying them with the    authority,” the defence lawyer said.