International Crimes division of the High court (ICD) Justice Duncan Gaswaga will tomorrow hear the bail application of Muslim clerics accused of terrorism, murder and attempted murder.
Sheikhs Muhammad Yunus Kamoga, Siraj Kawooya, Sekayanja Abdulsalaam alias Kassim Mulumba, Sematimba Abdulhamid Mubiru, Rashid Jingo, Twaha Sekitto, Yusuf Kakande alias Abdallah, Murta Mudde Bukenya, Fahad Kalungi, Hamuza Kasirye and Musa Issa Mubiru have applied for bail.
The clerics are charged with the murder of Sheikhs Mustapha Bahiga in 2014 and Ibrahim Hassan Kirya in 2015. They also face charges of attempted murder of Prince Kassim Nakibinge, the titular head of the Muslim community in Uganda, Sheikh Haruna Jemba, Najib Ssonko and Mahmood Kibaate. The suspects have so far spent two years in Luzira prison since their arrest in January 2015.
Prosecution, led by principal state attorneys Lino Anguzu and Thomas Jatiko, has presented 22 witnesses in court presided over by Justices Ezekiel Muhanguzi, Percy Tuhaise and Jane Kiggundu.
III HEALTH
In his affidavit supporting the bail application, Kamoga cites his deteriorating health. Kamoga, the head of the Tabliq community in Uganda, also says he is of advanced age [62 years] and grave ailments such as peptic ulcers, asthma and hypertension have taken a toll on his health.
Although the trial started on October 17, 2016, it has been halted by court because government says it doesn’t have funds to sustain it. That, he said, has denied him a speedy and fair trial.
“That I’m a well-known Muslim leader and religious cleric with interest in having the matter heard and concluded and as such, I will not abscond from court,” Kamoga says. “That my liberation will not affect the prosecution case in any way since investigations are complete and the evidence is already gathered and I don’t know any of the state witnesses,” he says.
Through law firms led by Muwema and company advocates, Kamoga says his family has suffered as a result of his endless detention.
“That I’m a sole breadwinner of my family, which is currently suffering in my absentia,” he says, adding, “my businesses which I used to run have since collapsed due to my incarceration.”
FAHAD KALUNGI
In his affidavit supporting his bail application, Fahad Kalungi says, “…I’m a law-abiding citizen, in fact as chairman of Energy Centre Tenants and Traders Association, I worked closely and aided police to stop lawlessness in that business area.”
Kalungi also accuses prosecution lawyers of undermining his defence through amending the charge sheet endlessly. When he was arraigned before the Nakawa chief magistrate’s court on January 22, 2015, Kalungi says he was charged with crimes against humanity, terrorism, murder and attempted murder.
“That on February 10, 2015 the charges against me and others were amended to one count of aiding or rendering support to ADF and associates to be used in acts of terrorism and we were committed to the High court [International Crimes division],” he says.
“That the charges were again amended several times before the commencement of the trial.”
Meanwhile, other suspects; George William Iga, Amir Kinene and Hakim Kinene Muswaswa, who are represented by MacDosman Kabega, didn’t apply for bail.
The substantive trial of Kamoga and his co-accused was adjourned to January 11, 2017.
dkiyonga@observer.ug