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Supreme court judge Prof Lilian Tibatemwa Ekirikubinza has dismissed the bail application filed by former Ministry of Local Government Permanent Secretary John Muhanguzi Kashaka, who asked to be released pending the disposal of his appeal before the same court.
Kashaka in 2014 was sentenced to 10years in jail after being convicted of causing Government a financial loss of 4.2 billion through the LC.1 bicycle scam.
The judge today dismissed Kashaka’s request for bail, saying that two lower courts confirmed that he was a convict with a sentence to serve, and that he needed to present exceptional circumstances warranting his release which he didn’t.
“I decline to grant the applicant bail and in the interest of justice, I order the Registrar to fix the matter for hearing in the next convenient session,” she ruled.
The judge overruled the applicant’s counsel submissions that this matter could take long to be heard because of the large Supreme Court backlogged, noting that the lawyer provided no evidence for this.
And while the case for which Kashaka was convicted didn’t involve personal violence, the judge noted that it involved causing a financial loss of money to the Government which shifts the burden directly to tax payers.
“The distinction sought between the violent and nonviolent crimes is over emphasized. I don’t agree a person who has a huge financial loss can be treated differently from a person who has removed somebody’s tooth”
Kashaka has been sent back to Luzira Prison to serve his sentence pending the hearing of his appeal by the Supreme court.