The prosecution has strongly opposed a bail request by Ali Mwizerwa, a father facing charges of aggravated defilement of his stepdaughter, citing multiple grounds that underline the gravity of the allegations and the risk of him fleeing justice.
In its response to the bail application, the Director of Public Prosecutions (DPP) argued that Mwizerwa’s release would present a danger to public safety, given the serious nature of the offense and his potential to abscond. The state highlighted that the crime for which he is charged, aggravated defilement, is severe and could lead to a life sentence or even the death penalty if convicted.
Among the reasons listed for opposing bail, the prosecution pointed to Mwizerwa’s failure to demonstrate any exceptional circumstances to justify his release. They also raised concerns about his flight risk, noting his frequent business trips to South Sudan and the unverified nature of his claimed residences in Uganda. According to Sabila Abdella, the Officer in Charge (OC) of the Kajjansi Police Division, Mwizerwa’s ties to Uganda are tenuous at best, with his established home in Juba, South Sudan, further complicating his commitment to stay within the court’s jurisdiction.
“The applicant’s international travel habits and his residence in a foreign country make him a flight risk,” Abdella stated in his affidavit. “His limited attachment to Uganda raises concerns about the possibility of him fleeing if granted bail.”
The prosecution also expressed grave concern for the safety of the alleged victim, who has been subjected to harassment since Mwizerwa’s arrest. According to court documents, the victim was recently accosted by a hostile crowd in Kampala, who wrongfully blamed her for her stepfather’s legal troubles. This, the prosecution argued, demonstrates an ongoing threat to her wellbeing and underscores the necessity of restricting Mwizerwa’s movements.
Further strengthening its case, the state referenced key legal provisions, including Article 23(6)(a) of Uganda’s Constitution, which allows for the denial of bail in serious criminal cases to safeguard the integrity of the judicial process. The prosecution also referred to the Trial on Indictments Act, which supports a restrictive stance on bail for offenses of this magnitude.
In contrast, Mwizerwa’s defense team argued that he is entitled to bail as a Ugandan citizen with fixed addresses in Bulenga and Bweya, both within the jurisdiction of the court. They contend that he should be presumed innocent and should not be denied bail without sufficient grounds. They further claim that the offense did not involve violence, and that Mwizerwa would not interfere with witnesses or the investigation if released.
Mwizerwa also cited his ongoing health issues, including gastric ulcers and high blood pressure, which he claims cannot be adequately treated in prison. His lawyers have pointed out that his family continues to suffer from the psychological, emotional, and financial toll of his detention.
The High Court is set to review the case, with a trial scheduled for November 13, 2024. The outcome of the bail application could set a significant precedent for similar cases, as it balances concerns about public safety, justice, and the rights of the accused.
