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Monday, February 8, 2021

Army court in Uganda releases 13 opposition supporters, object release of 36 others

KAMPALA, Uganda

The Ugandan General Court Martial in Makindye has granted bail to 13 supporters of opposition National Unity Platform (NUP) who were arrested last year from the island district of Kalangala.

The group currently facing charges of illegal possession of ammunition has been released by a seven-member panel led by Lt. Gen. Andrew Gutti.

Those released include; Rachael Akiiki Tusiime, Saphinah Nansovo, Jamirah Kalyango Namwanje, John Miiro, William Ntege alias Kyuma Kyayesu, Kaddu Ismail Nyanzi, Bonny Obicho alias Makanika, Fatumah, Joy Namubiru alias Joy Strong, Monica Tushemerirwe alias Monic, Oliver Lutaya, Benedict Musisi and Nelson Ndyasiima.

The group were released today Monday on a non-cash bail of Shs 20 million and their six sureties who were top NUP officials have been asked to execute a non-cash bail of Shs 50 million.

They have been ordered not to go beyond Kampala and Wakiso districts without the permission from the Court Martial registrar. They have also been told to report to court after every two weeks. 

The decision to give the 13 bail followed an application by their lawyers led by George Musisi and Anthony Wameli. These told court that the offences against their clients are bailable and that they were tortured during custody. Court also heard that they had substantial sureties.

With the exception of Kyumakyayesu who had medical letters from St Francis Nsambya hospital requiring him to undergo an operation, none presented unique grounds.

The military prosecutors led by Captain Ambroze Guma didn't object to the application for those that have been released. However, Guma told court that he had instructions to oppose bail application for 36 others.

The court opposed the bail application for the 36 relying on the affidavit of detective assistant inspector of police Peter Wetaaka who is attached to the Criminal Investigations Department (CID) of police in Kibuli.

Wetaaka says that he is one of the investigators that participated in the case against the accused persons and none of them was tortured as they alleged in their bail application.

He adds that by the time they were arrested, they were inciting violent protests and were of violent conduct towards police officers. Because of this, Wetaaka says that they are most likely to continue with the same actions and therefore they should not be granted bail.

However, in his ruling, Lt. Gen. Gutti said he was to decide on the application for the rest on February 15.

The prosecution alleges that the accused persons and others still at large on January 3, 2021 while at Makerere Kavule, Kigundu Zone, Kawempe Division were in possession of four rounds of ammunition of an AK-47 gun and the said ammunition was a monopoly of the Defense forces.

They were first arrested on December 30, 2020, from Kalangala district during the campaigns of NUP presidential candidate Robert Kyagulanyi (Bobi Wine). The accused persons were then taken to Masaka Chief Magistrate's court presided over by Charles Yeteise who charged them with inciting violence and doing acts that were most likely to spread the infectious disease.

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