{UAH} Lawyer Challenges Museveni On Bail

President Museveni while speaking on Friday at the opening of the ruling National Resistance Movement party retreat at Kyankwanzi National Training Institute, said that the giving of bail to suspects by the court is not a must as per the constitution and judges are misusing their powers in granting bails to the law offenders. According to Bireete "in our legal setting, the right to bail is a constitutional right and it’s premised on the presumption of innocence which is a common law doctrine”. The President says that judges have made it their "habit" to always release all suspects irrespective of the crime they have committed, a matter he added, should not be tolerated an longer by the regime. Bireete says: “Every accused person is innocent until proven guilty and this is the cardinal principle of a fair trial - article 29 of the Constitution.” "Judges have made it their habit to grant bail to all suspects. Why give bail to murderer, those who rape women and defile children, thieves and other capital offenses? This is unacceptable,” continues the President.    Bireete replies: “To give or not to give bail is the discretion of a presiding Judge.” Mr Museveni went ahead and revealed to members that bail is even not compulsory but judges are "going overboard and just granting it." "The constitution says a suspect may be given, not must or should be given a bail. Judges are misusing their powers," Museveni clarified.  “So, for the President to interfere with the work of Judges is an abuse of the independence of the judiciary,” notes Bireete. The president quoted Article 23 (6) (a) of the 1995 constitution which is in chapter four that addresses the protection and promotion of fundamental and other human rights, says people are entitled to apply and be given bail if considered reasonable by the court. "Where a person is arrested in respect of a criminal offence- (a) the person is entitled to apply to the court to be released on bail and the court may grant that person bail on such conditions as the court considers reasonable,” suggested the President. Bireete fires back: “Maybe, he should be reminded that according to Article 146, judicial power is derived from the people and is only exercised in accordance with the Constitution and NOT the President's wishes."   The drama has just started! 

--

*A positive mind is a courageous mind, without doubts and fears, using the experience and wisdom to give the best of him/herself.

 

 We must dare invent the future!
The only way of limiting the usurpation of power by
 individuals, the military or otherwise, is to put the people in charge  - Capt. Thomas. Sankara {RIP} ’1949-1987

 *“Those who make peaceful revolution impossible will make violent

revolution inevitable”**…  *J.F Kennedy