KAMPALA – Prosecution led by Captain Samuel Maserejje has opposed to the second bail application by the patron of Boda Boda 2010 Association, Abudallah Kitatta where he seeks to be released on bail pending trial.
Captain Maserejje presented a sworn affidavit before the General Court Martial by Major Denis Katambuka–one of the officers investigating Kitatta’s matter stating that he has read through Kitatta’s bail application but given that he is charged with a capital offense, he needs to show Court exceptional circumstances leading to the grant of bail.
Major Katambuka’s affidavit also shows that Kitatta is a prominent person in the country and is well coordinated since he is the chairperson of NRM Rubaga Division and also the Chairperson of Taxi Drivers and Workers Union in Rubaga and has the capacity of sabotaging evidence since he is well connected and a prominent man.
Captain Maserejje has now asked the court to dismiss Kitatta’s bail application so as not affect the ongoing trial where so far three witnesses have been laid against the accused persons.
However, in rejoinder, Kitatta’s lawyer Owomugisha has asked Court to grant his client bail arguing that there is no proof that he is going to interfere with the Prosecution Witnesses or evidence once released temporarily.
Kitatta who is jointly on remand with twelve other suspects in connection with alleged charges of unlawful possession of firearms applied for bail for the second time in less than four months.
On May 21, this year, Makindye based General Court Martial chaired by Lt. Gen Andrew Gutti dismissed Kitatta’s application for temporary release citing unsubstantial sureties and his position.
However, Mr Kitatta through his lawyers again applied for bail citing ill-health, his right to bail and that the offence is bailable.
The court had set yesterday (September 17) for the state to respond to his arguments before court makes a ruling.
Lt Gen. Andrew Gutti has set November 6, to deliver the ruling on this matter.
