Lawyers object to one-year remand for Wembley suspects

Dec 17, 2002

DEFENCE lawyers have objected to the State’s appeal that Operation Wembley suspects on trial for capital offences spend one year on remand before applying for bail

DEFENCE lawyers have objected to the State’s appeal that Operation Wembley suspects on trial for capital offences spend one year on remand before applying for bail.

Solomon Muyita reports that Kiiza Rwakafuzi and Sgt. Mugerwa Lukwago, while defending the bail applications for their civilian clients, told the Court Martial chairman, Lt. Gen. Elly Tumwine, that it was a violation of the constitutional rights of the accused.

The prosecutor, Capt. Moses Wandera, quoting regulation 7 (2) of the NRA Statute, had earlier submitted that the rule required civilians to spend 360 days on remand from the time the court remanded them, before applying for bail. But the lawyers said, “The Constitution, which is the supreme law, gives the accused a right to bail at any stage of their trial. So regulations can’t be made to deny people their rights.”

Rwakafuzi, who applied for bail for Henry Suubi and Kasozi Vincent, who are facing terrorism and unlawful possession on firearms charges, said their clients had been on remand unlawfully (by Wembley) for several weeks before they were charged.

Sgt. Mugerwa, who applied for bail for Margaret Nalubega Nalongo, who is facing the same charges, said regulations which were not in conformity with the Constitution were null and void and should be ignored by the court.

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