By Elizabeth Ankunda
14th Aug 2023
One of the five suspects jointly charged with legislators Allan Ssewanyana and Muhammad Ssegirinya has asked the International Crimes Division of the High Court to release him on bail pending trial.
The suspect John Mugera was charged alongside Jackson Kanyike, Bull Wamala and Mike Sserwadda on charges of murder, terrorism, and aiding and abetting terrorism.
The charges stem from the wave of machete killings that occurred in the greater Masaka region two years ago, resulting in the death of more than 20 people and the injury of scores of others.
Although the MPs were granted bail, the rest are still on remand and Mugera has also applied for bail on the grounds that he was first remanded to Kitalya Government Prison from where he was later transferred to Luzira Prison where he is currently detained.
Through his lawyers led by Nicholas Ssenkumi, he argues that he has been on remand since September 2021 to date, but the trial has not started.
Ssenkumi argues that whereas his client was committed to the International Crimes Division for trial, the pre-trial process alone started in July 2022 and has never been completed.
The lawyer adds that the delay is a violation of Mugera’s right to a fair hearing and speedy trial yet the suspect is suffering from hypertension, palpitations, and chest pain which are worsened by his continued detention.
He says there is a need to grant Mugera bail for him to seek better medication outside the prison besides having substantial sureties.
On Monday, the parties including State Attorney Richard Birivumbuka and Mugera as well as his lawyer Ssenkumi appeared before Lady Justice Alice Komuhangi Khaukha and the application was fixed for hearing on August 21, 2023.
This was after Ssenkumi asked to be given more time to make a reply to an affidavit filed by the Prosecution in which they are opposing the bail application.
Last week, the pretrial hearing of the main case for the whole group was temporarily halted pending the determination of an application in which Ssewanyana and Ssegirinya are seeking a stay of the trial pending the determination of their constitutional petition.
In February 2023, Ssegirinya and Ssewanyana petitioned the Constitutional Court, arguing that their separate trials in different courts in Masaka and ICD amounted to an abuse of the court process and political persecution.
They also filed an application in the International Crimes Division seeking to halt their trial until the Constitutional petition is resolved.
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