KAMPALA, Uganda| The High Court Criminal Division has today, Friday, denied opposition figure and politician Dr Kiiza Besigye and his co-accused Hajji Obeid Lutale bail on grounds that they will interfere with the ongoing investigations.

Lady Justice Rosette Comfort Kania said that the principle of presumption of innocence is acknowledged and the right to personal bail, but innocence should not be used as punishment to deny bail. While the law doesn’t define the fixed place of the board, the law says it should be within the jurisdiction of the court.

In Besigye’s case, the court has found out that the places of residence for both Besigye and Lutaale fall within the jurisdiction of the criminal division of the high court, and they have satisfied the court on the ground based on documents and evidence presented in the form of their identification cards and local council letters. The judge ruled that the sureties proved to have understood their roles and responsibilities.

Justice Kania ruled that the sureties for Besigye were substantial because they are close friends and leaders in the same party as Besigye, and they will exert influence over him as leaders. That the blood relationship declared by Lutaale’s sureties also admits suitability, and the fact that they are younger than he doesn’t mean they are not substantial.

However, according to Kania, the accused persons have proved all the grounds, including exceptional circumstances; investigations are still ongoing, and they are likely to interfere with them, more so given the fact this crime was committed in different countries, including Geneva, Athens, Greece, Switzerland, and Nairobi, Kenya.

Besigye’s sureties included legislators Ssemujju Nganda, the Kira Municipality MP; Francis Mwijukye, MP for Buhweju; Nicholas Kamara, the MP for Kabale Municipality; while Lutaale presented his wife, Halima Nagitta; his brother, Ssewankabo Hamza; and his daughter, Nanfuka Zura.

Dr Besigye and Lutale had argued that they had been in prison for over 100 days at that time and were uncertain when investigations would conclude and their trial would commence. Despite this, Besigye assured the court that as a law-abiding citizen, he would not commit any offences while on bail. He attached documents to show he had been returning to court as and when needed after the grant of bail on several occasions as proof that he could not abscond from trial.

Besigye argued that they have permanent places of abode at Buyinja LC1, Wakiso District, Kasangati Town Council, and Rwakabengo ward, Southern Division, Rukungiri Municipality in Rukungiri District for Besigye and Kisigula village cell, Mutundwe ward, Gombolola Ssabagabo, and Makindye, Wakiso District for Lutaale.

Besigye and Lutaale are charged together with UPDF officer Captain Denis Oola on charges of soliciting firearms, logistical and financial support and attended meetings with intentions to overthrow the current government of Uganda