High Court Judge Justice Masalu Musene, has adjourned the hearing for opposition leader Kizza Besigye’s bail application to tomorrow.
Besigye arrived at High Court in Kampala amid heavy security on Monday morning seeking to be released from Luzira prison where he is detained on treason charges.
His lawyer Earnest Kalibbala presented five sureties including; Budadiri West MP, Nathan Nandala Mafabi, Rukungiri Municipality MP, Roland Mugume, Maj Gen (Rtd) Mugisha Muntu and Rubaga Municipality Mayor, Joyce Ssebugwawo, Buhweju MP Francis Mwijukye were presented to court as Besigye’s sureties.
Kalibbala cited Besigye’s advanced age, the fact that he will to comply with bail terms, has a permanent place of aboard, uncertainty on treason trial commencement and that he has complied on previous occasions.
The state led by Akello Florence, however, objected to Besigye’s request to be released on non-cash bond saying bail is not automatic.
Florence, a principal state attorney, also demanded for proof that Besigye is 60 years old, responding to the advanced age ground for bail application.
“Being 60 years old is not an exceptional circumstance for him to be released on bail,” argued the state.
The state also noted that the suspect carried on with defiance campaign activities which was a total disregard of a court order.
Prosecution feared that the suspect will resume his defiance campaign if he is granted bail.
“Besigye is in court on treason charges. We are not aware of any defiance charge or evidence on defiance,” Besigye lawyer Kalibbala objected.
Kalibbala pleaded that the judge finds the sureties deemed as substantial by state as enough reason to grant bail.
Prosecution agreed that presented sureties are substantial hence asking the court to dismiss bail application all the same.
Judge Musene then adjourned the hearing to tomorrow, Tuesday when he will deliver his ruling.