Civilian wins mandatory bail after landmark court-martial ruling

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Mr George Musisi, one of the lawyers of NUP members (standing) during his submission at the General Court Martial in Makindye, Kampala, on September 27, 2022. PHOTO | ABUBAKER LUBOWA

A civilian facing charges of treason, murder, aggravated robbery, and illegal possession of firearms has secured mandatory bail from the High Court in Kampala after spending months in custody awaiting the transfer of his file from the military court to the ordinary courts.

Mr John Masembe, alias Nassi, was granted bail after Justice Paul Wolimbwa Gadenya ruled that the State could not continue holding him on accusations that can no longer be tried by a court martial following a landmark Supreme Court ruling.

Mabirizi, who represented himself in the application, will also be required to deposit his passport with court

Chief Magistrate Ritah Kidasa Neumbe ruled on Friday that the grounds advanced by Mr. Mabirizi lacked evidence and were insufficient to establish judicial bias

The judge said courts must rely on evidence presented in the record; not matters in the public domain.

In his ruling delivered on Wednesday, Chief Magistrate Kayizzi cited Article 28 of the Constitution on the right to a fair hearing and presumption of innocence, as well as Article 23, which…

“We believe the Attorney General failed or refused to advise his clients [the government and the military] to comply with transferring civilian files from the military court to ordinary courts,”…

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