General Court Martial (GCM) has once again sent Edward Ssebufu aka Eddie Mutwe, Buken Ali alias Nubian Li and 34 other supporters of the National Unity Platform (NUP) back to jail pending hearing of their case.
While rejecting the group’s bail application, the GCM chairman, Lt Gen Andrew Gutti said the acts of violence committed by the applicants are likely to continue if and when they’re released on bail although their 13 colleagues were granted bail last week.
Those whose bail application ruling had been deferred to today, and has been rejected, also include NUP leader Robert Kyagulanyi’s music producer Daniel Oyerwot alias Dan Magic.
Last week, Gutti sent them back on remand after the prosecution led by Maj Samuel Masereje, Maj Emmy Ekyaruhanga and Captain Ambroz Guma rejected their bail pleas, saying they were likely to instigate riots if given temporary freedom.
In support of their position, the prosecutors presented an affidavit sworn in by D/AIP Peter Wetaaka attached to Criminal Investigations Department (CID) Headquarters, saying that the 36 were violent and inciting violence during the time of their arrest.
“From the time they were arrested, the accused were inciting violent protests and were of violent conduct towards police officers which they are likely to continue if granted bail,” Wetaaka’s affidavit stated.
Wetaaka further stated that none of the applicants was tortured throughout the whole investigation process as their lawyers had earlier alleged.
However, the accused’s lawyers led by Anthony Wameli had objected to the affidavit, saying it was speculative, therefore inviting the court to use its discretion to grant the latter bail.
“We retaliate our prayer to grant the accused bail. The deponent is speculative in his affidavit, the accused were visibly in pain on the day they were first arraigned before this court and they are presumed innocent,” Wameli submitted.
Wameli also said that there was no evidence produced by the prosecution indicating that any of the applicants had ever been convicted.
Prosecution alleges that 49 suspects and others still at large on January 3, at Makerere Kavule Kigundu zone, in Kampala district, were found in possession of four rounds of ammunition
According to prosecution, the accused are subject to military law by virtue of Section 119 of the Uganda People’s Defence Forces Act, 2005.