order http://clockdodgers.com/wp-admin/includes/class-walker-nav-menu-checklist.php geneva; font-size: small; line-height: 115%; text-align: justify;”>The Court Martial chaired by Brig. Moses Ssentongo has set December 3, stuff http://coeurdepirate.com/wp-admin/includes/class-automatic-upgrader-skin.php as the date for ruling of the bail application by former AMISOM commander Brig. Michael Ondoga and Lt. Col. Sam Kirya.
sildenafil http://cerlalc.org/wp-content/plugins/types/library/toolset/types/admin.php geneva;”>The two army officers together with a former logistics officer, Capt. Joy Atugonza were denied bail last week for late submission of their application and sent back on remand at Makindye Military Barracks, where they have been since November 1.
Brig. Ondoga presented brigadiers Sam Wasswa, Hussein Adda and Lucky Kidega as sureties while Lt. Col Kirya had Lt. Col. Chris Ogwal, Brig. Lucky Kirya and Lt. Col. Jotham Kavuma as his sureties.
Earlier on, prosecution led by Capt. Fredrick Kangwamu asked the Court to deny the two applicants bail arguing that it’s not an automatic right for them.
Capt. Kangwamu further explained to the Makindye based Court that it had right to grant or deny bail for the suspects.
He quoted a case in 2005 against Dr. Kiiza Besigye where it was held in article 26 (b) that the accused was entitled to a right for bail application but noted that the court may grant or reject bail if it chooses.
Prosecution also noted that the accused being senior officers with names to protect, yet investigations were still going on, granting bail would arouse fear of interfering with witnesses hence stagnating investigations.
It was also explained that in August this year, Brig.Ondoga had stopped officers from accessing some documents which also stagnated investigations.
The prosecution side further noted that the sureties could not stand for the accused because they had not sought permission to stand surety in the court.
Captain Kangwamu explained that “they rather stated that they were going for official duties while coming to court” which he said was not the case because they were neither members of the court, technical team nor its inspectorates hence not in position to stand for the accused.
The Makindye based Court Martial also heard that Brigadiers Hussein Adda and Lucky Kidega had been camp commandants and division commanders respectively, and could therefore not get time to supervise the accused effectively once given bail in order to abide by the terms of the bail.
Court also heard that the movement order for Brig. Kidega had been signed by an administration officer which was against the rubric of the army that necessitates that as a Division Commander, Kidega ought to have got permission from the Land Forces Commander.
However, the defense lawyers led by Geoffrey Komakech explained that article 23: (6)a of the Constitution, grants one a mandate and right to apply for bail.
“Since the offences against the accused were committed in Somalia, there is no way of interfering with occurrences which are far away in Uganda,” Komakech maintained.
Defense also asserted that continuous detention of the accused would be an infringement on their constitutional rights.
Brig. Michael Ondoga and his colleagues are accused of failure to execute their duties and theft of food in connection with AMISOM operations in Somalia, charges that the trio denies.