KAMPALA – Jailed Ivan Kamyuka has Friday 15 got a smile on his face after the Court of Appeal judge granted him bail pending the appeal hearing challenge.
Kamyuka was last year found guilty of manslaughter of John Ahimbisibwe aka Jonnie who was a Club Guvnor patron in 2015.
Justice Wilson Kwesiga of the High Court, however, noted that the deceased provoked the convict by assaulting his [Kamyuka’s] wife, thus using excessive force to deter him.
This did not go well with Kamyuka who appealed against the judge’s decision thus applying for bail pending the hearing.
However, today Friday, Justice Cheborion Barishaki of the Court of Appeal agreed with Kamyuka’s lawyer that there is a likelihood of success in his appeal which might take so long with even him completing his sentence of 3 years and eight months.
Mr Julius Galisonga, Kamyuka’s lawyer while asking for bail noted that he [Kamyuka] is a law-abiding citizen who was on bail at the time of hearing of his case and he has never jumped bail. He also not that Kamyuka had three substantial sureties who will ensure that he reports to court.
Kamyuka has been granted a cash bail of Shs10 million and his sureties each a non-cash bond of Shs10 million and also reporting to the Court’s registrar on February 22 until further notice.
In his appeal Kamyuka faults the trial judge Kwesiga of failing to consider and resolve contradictions in the prosecution evidence to the disadvantage of Kamyuka , hence reaching the wrong conclusion.
He also accuses him of failing to evaluate and considering the video recordings evidence thus assuming that the deceased [Ahimbisibwe] was injured by the appellant [Kamyuka] just because he fought with him.
Kamyuka notes that the judge erred in law and fact when he found that the deceased used excessive force when defending his wife from the attack of the deceased.