Govt appeals over bail
Jan 03, 2006
THE Government intends to appeal the release on bail of the Forum for Democratic Change (FDC) presidential candidate, Col. Kizza Besigye.
By Hillary Kiirya
THE Government intends to appeal the release on bail of the Forum for Democratic Change (FDC) presidential candidate, Col. Kizza Besigye.
The notice of appeal to the High Court was filed on Monday afternoon shortly after Justice John Bosco Katutsi ordered Besigye’s release as earlier ruled by the Principal Judge.
Besigye remained in jail over rape and treason charges because the military court where he also faced charges said it was not subject to the High Court ruling.
Besigye’s lawyers appealed the decision and challenged the power of the military court to try him as a civilian.
Besigye’s lawyers also said since the High Court had ordered the military court to stop proceedings against Besigye, it had no right to extend his remand order after the High Court granted him bail.
Katutsi ruled on Monday that Besigye was being detained illegally and ordered his immediate release “if sanity is to be regained.â€
The appeal notice was signed by the High Court Assistant Registrar, Paul Gadenya.
It said, “The respondent (the Government), being dissatisfied with the ruling and orders of Justice John Bosco Katutsi, intends to appeal to the Court of Appeal against the whole decision.â€
The notice dated January 2 was signed by the Government lawyer Joseph Matsiko.
Matsiko, speaking on phone yesterday, said his side would file the appeal “very soonâ€.
Katutsi said the continued detention of Besigye at Luzira on the Court Martial charges was illegal and unlawful.
Besigye returns to the High Court today to proceed with the rape case in which his lawyers are expected to cross-examine Joanita Kyakuwa, who he allegedly raped twice in Kampala and Bombo in 1997.
THE Government intends to appeal the release on bail of the Forum for Democratic Change (FDC) presidential candidate, Col. Kizza Besigye.
The notice of appeal to the High Court was filed on Monday afternoon shortly after Justice John Bosco Katutsi ordered Besigye’s release as earlier ruled by the Principal Judge.
Besigye remained in jail over rape and treason charges because the military court where he also faced charges said it was not subject to the High Court ruling.
Besigye’s lawyers appealed the decision and challenged the power of the military court to try him as a civilian.
Besigye’s lawyers also said since the High Court had ordered the military court to stop proceedings against Besigye, it had no right to extend his remand order after the High Court granted him bail.
Katutsi ruled on Monday that Besigye was being detained illegally and ordered his immediate release “if sanity is to be regained.â€
The appeal notice was signed by the High Court Assistant Registrar, Paul Gadenya.
It said, “The respondent (the Government), being dissatisfied with the ruling and orders of Justice John Bosco Katutsi, intends to appeal to the Court of Appeal against the whole decision.â€
The notice dated January 2 was signed by the Government lawyer Joseph Matsiko.
Matsiko, speaking on phone yesterday, said his side would file the appeal “very soonâ€.
Katutsi said the continued detention of Besigye at Luzira on the Court Martial charges was illegal and unlawful.
Besigye returns to the High Court today to proceed with the rape case in which his lawyers are expected to cross-examine Joanita Kyakuwa, who he allegedly raped twice in Kampala and Bombo in 1997.