By Gloria Gwitabinji.
The High Court has dismissed a bail application filed by city lawyer Erias Lukwago, ruling that although he met most of the requirements for release, the court could not grant bail due to procedural issues surrounding the case.
In a ruling delivered by Justice David Matovu, the court noted that Lukwago had satisfied most of the conditions for bail, including concerns raised by the State that he could interfere with witnesses or abscond.
The judge found that the prosecution’s argument that Lukwago was likely to interfere with witnesses was speculative, observing that investigations had substantially been concluded and that the first prosecution witness had already testified in the main criminal trial.
The court also rejected the State’s submission that Lukwago was likely to flee, saying his character and positions of responsibility did not suggest he was likely to leave the country.
On the issue of Lukwago’s health, however, the court held that the medical evidence presented did not meet the required legal standard because it had not been certified by a medical officer from the prison where he is being held. The judge said the court could only rely on medical reports properly certified by the prison authorities.
Justice Matovu further noted that the criminal case in respect of which the bail application had been filed before the Makindye Chief Magistrate’s Court no longer existed, having since been committed to the High Court for trial.
The ruling states that the Deputy Registrar is yet to assign the newly committed criminal session case to a judge for case management.
The court said that, in the circumstances, it would exercise its discretion by declining to grant bail in order to allow the judge who will eventually be assigned the trial to manage the matter.
Justice Matovu directed the Deputy Registrar to follow up the committal papers from the lower court and allocate the criminal session case to a judge for further case management.
Lukwago’s bail application was consequently dismissed.
