The state has asked court not to release Kyadondo East Member of Parliament Robert Kyagulanyi also known as Bobi Wine on bail saying he is violent and releasing him will have adverse effects on other members of the society.
Bobi Wine on Thursday morning asked court to release him on bail saying it is his constitutional right to be released temporarily before presenting three sureties including former Ethics Minister Miria Matembe, Kasambya MP Gaffa Mbwatekamwa and Kassanda North legislator Patrick Nsamba.
However, in response, the state prosecutor, Timothy Amerit asked court not to release Kyagulanyi on bail saying that the offence of disobeying statutory authority is grave and involves violent acts that may spill over to other members of society.
“It thus demands that this court should bring order, civility and establish the rule of law among all parties concerned,”Amerit said.
“The constitutional right of the applicant and the need for society to be protected from lawlessness should be looked into.”
The prosecutor told court that public interest cannot be depicted from the members who are present in court but rather the greater good of society against any form of loss and upheavals as a result of disobedience of statutory duties.
“The court should strike a balance between individual rights of the applicant and those of the society at large so that the applicant can enjoy his rights alongside other members of the public who may not be affiliated to the applicant.”
The prosecutor also told court that the three sureties are not substantial because the two legislators are co-equals with Kyagulanyi and so cannot propel him to fulfil conditions as required by court if granted bail.
Amerit also said Miria Matemeb, 64 is of advanced age and therefore not in position to force the accused come to court in case he is required by court.
Lawyers drag feet
The defence lawyers in response asked court to disregard claims by the state, noting that there is need to protect rights of everyone including Kyagulanyi irrespective of their political or any other affiliation.
“The right of one Robert Kyagulanyi is not any less than the rights of many other people. This court should regard all claims by the state as mere allegations which are not substantiated,” Sam Muyizzi told court.
The lawyer said the three sureties have well known addressed that in case of anything, they can be contacted by court.
Bobi Wine’s lawyers asked court to release him on bail because he is entitled to one.
Buganda Road grade one magistrate, Esther Nahirya has stood over the matter for one hour to deliver her ruling on bail.
The legislator cum singer is accused of disobedience of statutory duty contrary to section 116 of the Penal Code Act an offence committed in July 2018 .
Prosecution states that Bobi Wine, his brother Fred Nyanzi Ssentamu, one David Lule, Edward Sebufu and others still at large disobeyed section 5 and 10 of the Public Order Management Act 2013 by holding a public meeting without giving notice to any authorised officer.
