In a bail hearing, the court balances the accused's constitutional right to liberty and presumption of innocence against the state's interest in preventing flight risk and witness interference; the defense argued that the state's opposition was generic and contradictory, while the prosecution claimed the accused were flight risks who could interfere with investigations, with the court proceeding despite the absence of state prosecutors.
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This is What Court Decided on Hon. Muwanga Kivumbi's Case - Bail Hearing.本站添加:
Ronald Quick update platform.
David as well as of right Now, Daily Monitor Why state XMP kept in of course The honorable prison engage.
Ordinarily, Foreign speech. Foreign speech. Foreign speech.
examination.
Cross examination.
on a daily basis.
Examination.
A quick one from NTV compiling then I take you through Anyway, let me first give you this.
Crimes division that the applicants have on several occasions appeared before the chief magistr and have not yet been committed to the high court for trial and that no hearing date has been fixed for their matter on account of ongoing investigations.
The applicants, my lord, undertake to abide by all bail conditions that may be imposed and will not absorn from trial.
Senior four.
Foreign speech. Foreign speech. Foreign speech.
Fore speech.
The applicants have good anticidentants and have never been convicted of any criminal charges. The applicants, my lord, my lord, are responsible citizens with permanent places of abboard.
The applicants have substantial shortities whom they are willing to present and who are willing to be bonded by this honorable court to ensure attendance in addition to the applicants undertaken.
Finally, my lord, that it is in the interests of just such a good number in a competent court in a court that uh follows the rule of law.
The laws are important in this land.
That's why we are where we are. Yeah.
>> Justice, fairness, and the constitutional doctrine of presumption of innocence that the applicants be granted bail.
Hello.
Now just crimes division.
voices.
ICD Police tracky.
like it has always been the other.
Anyway, Uganda cross examination.
Gambino mandate.
is to ensure that the refused person for whom I've shy is available to court as and when is required by court and uh the second one is to ensure that the bail conditions which you believe will be lenient that will be sent by are abided by the accused person whatever the condition is to be.
So yeah, so cross examination.
The motive is to keep Honorable Manga behind bars as clearly stated.
Of course, it is evident.
Just to create a climate of fear so that you chickenen out and you do not speak against corruption, against uh misru, against human rights violations, against abductions, against land grabbing, against all the madness that keeps unfolding.
according to Bill. Anyway, let me take you through this article. Why the state wants to keep honorable in actually yesterday the judges proceeded with the case or with the bail hearing in the absence of the state prosecutors. Anyway, this is what is in this article. It says the state has strongly opposed a bail application filed by the former Bambala County member of parliament Mr. Hon Mr. Muhammad Moangi and the 24 co accused individuals who are currently facing grave charges of terrorism. The prosecution team arguments delivered via a sworn affidavit asserted that criminal investigations into the matter are still active warning that the applicants are highly likely to interfere with the state witnesses and jeopardize the judicial process if they are released back into the public. Now if I may ask for the case of for the case of it has taken over 4 years and the evidence has never surpassed only that as we speak now they being forced to sign new statements so that it appears that they committed those crimes in 2026. six something that is against the law but they being forced by officials from the GCM that is the general court marshall anyway let's proceed with the article it says at the high stakes bail hearing proceeded on Monday before justice Susan Okalan at the international crimes division ICD of the high court in Kala the session was marked by an unusual turn of events when state attorneys failed to appear on time. The court learned that the prosecutors were tied up attending separate high-profile proceedings in a tision case involving veterary operation petition at the main divisions of the high court.
Although the prosecution had communicated that they would arrive by 11:00 a.m. the courtroom clock started midway without any sign of state representatives refusing to let the judicial machinery grind to a heart.
Justice Okala chose to forge ahead. We can proceed. They will find us along the way. Just Okalania ruled allowing the defense team to formally present their submissions despite the physical absence of the state at the court provided the defense team with a copy of the status affidavit opposing the bail. Imagine the document was sworn by detective assistant president of police John Mary John an investigating officer attached to Bambala police station leading the defense team prominent lawyer and member of parliament medala launched a scing attack on the state's written response characterizing it as lazy generic and completely detached from reality. Mr. Rughazi's response is a mere cut and paste job that is exact that is the exactism for the for all the applicants. Mr. Sona told the court arguing that the omnibus rejection failed to address the unique circumstances of each individual suspect. Mr. Sana further pointed out gling contradictions in the prosecution's paperwork regarding the residence of the ausd person. The state claims that the applicants lack a fixed places of abboard yet those very residential places are explicitly indicated on the state's own charge sheet. Imagine yeah that position is fundamentally contradictory and selfdefeating going to submitted the defense store also challenged the assertion that the accused persons would intimidate or compromise witnesses. He argued that the investigating officer had failed to lay even a shred of empirical evidence before the court to prove that any of the applicants had a history or intent of witness tempering. In his affidavit, uh DASP reuga empowered the court to throw out the application insisting it entirely lacked merit. He maintained that the volatile nature of the Tambbor criminal case required the suspects to remain under log and key.
The applicant will interfere with ongoing investigations and witness and witnesses if this application is granted affidavit read in part. The investigating officer further contented that the applicants had failed to prov to prove they owned established businesses or fixed residences. despite what they saw in their own affidavit. He also took issue with the shurities presented by the defense labing them unsuitable and warning that the accused persons are heavy flight risks who would likely absent from justice. Imagine now secretary.
This was just an affidavity.
government is to keep honor in a highly personal twisted estate explicitly disputed Mr. Manga self description as a lawabiding citizen and statesman. It is not true that the applicant is a statesman affidavit stated adding that the former legislator is no longer the sitting MP for Tambala nor does he still chair parame paramement's influential committee on commission's total authorities and state enterprises kosas the state concluded that the heavy criminal charges strictly arose from the applicant's alleged direct participation in lawless activities arguing the court to deny them a freedom in the interest of public safety. The applicants who have been languishing on remanded at Chitalia Minax prison, Naguru remand Home and Luzira Min Prison are seeking temporary freedom pending their tribe through their lawyers. They argue that they poses they poses deep community ties have substantial shities and have already spent month on remand without the prosecution formally committing their file to the high court for trial.
The group was arrested following a wave of post election violence that rocked Tamba district in January 226. According to the prosecution, Chivumbi and his co allegedly orchestrated coordinated blood attacks on Kibi police station and the Tambala elector commission t center between January 11 and January 17. The state alleges the attacks were designed to intimidate the government for political or economic motives resulting in the tragic death of seven people. Hearing of the bill application continues. Now I I want to remind you one thing that this is this is one of uh the templates employed by dictators to keep their opponents busy. On the other side is in court. this side the national interplatform team is in court to make sure and his entire uh team regain temporary freedom. On the other side, we still have the cases of Alex Bobby Young, Eddie Mu, Olivia Luta, Dorin Ka and so many more.
On the other side we have the missing comrades the likes of John Bosco John and 16 more. On then on the other side we have our our own comrades turning against us turning against the party that is doing all this.
You understand? So those are the tactics employed by dictators to distract you from focusing on what is important at that particular point in time.
I'm speech.
What is MP?
Uganda.
the factchee.
I salute them for whatever they're doing. Yeah. Because at the end of the day, You can easily read between the lines.
It's going to be hard for them to grant him bail.
Their decision examination.
Yeah, it's one of their decisions. Then the other decision interested.
That is the up foreign.
Okay.
Yeah.
For their freedom.
07643 WhatsApp then We eat over winding up.
We again platform attention.
on a daily basis.
screen.
So protect your accounts.
Then notification accountation Maybe I'll make a separate video.
com.
Uh anyway, yeah.
I'll come back and give you that update.
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