A bail application by lawyer Erias Lukwago has been rejected by the Makindye Chief Magistrates Court.
Chief Magistrate Sarah Basemera said in a ruling delivered via email on Tuesday afternoon that despite Lukwago presenting substantial sureties, has a fixed place of abode and has a documented medical condition requiring continuous review and treatment, these conditions were not enough to warrant his automatic release on bail.
She said court ought to weigh them together with other countervailing conditions which may limit temporary limitation to Lukwago’s liberty.
“ In the present application, I have found that the offence charged is one concerning the security of the State and is punishable upon conviction by life imprisonment. While the seriousness of the offence is not by itself a bar to bail, it remains a relevant consideration in assessing whether the applicant will faithfully submit himself to the jurisdiction of the Court until the conclusion of the proceedings,” the magistrate said.
She added that investigations into the offence of misprision of treason that the lawyer is facing are still ongoing and are being done both within and outside Uganda, fearing that Lukwago could interfere with them.
The chief magistrate said she had also considered Lukwago’s undisputed position as a senior advocate of the courts of judicature, former Lord Mayor of Kampala and president of the People’s Front for Freedom(PFF) , factors she said would lead to interference with ongoing investigations into the case.
“ Those attributes are, without doubt, evidence of distinction and public service and should never be treated as grounds for punishment or discrimination. Nevertheless, they are equally indicative of an extensive professional, political and social network which, when viewed against the backdrop of ongoing investigations, cannot be ignored in assessing the potential impact of release at this stage of the proceedings,” she said.
In his bail application, Lukwago cited his chronic illness that requires medical review and treatment but the magistrate ruled that this can be catered for without necessarily having him released on bail.
“The bail application is hereby denied.”
The trial magistrate however directed the Officer in Charge of Murchison Bay Prison and the Commissioner General of Prisons to refer Lukwago to Mulago National Referral Hospital for a comprehensive medical assessment and any necessary treatment by appropriate specialists, taking into account the medical records and reports already on the court record.
"The applicant's wife and one advocate of his choice shall be permitted reasonable access during the referral and treatment process at all times and shall be allowed to receive a copy of the medical report and recommendations issued by the attending specialists, subject to applicable prison regulations and security requirements," she noted.
The chief magistrate directed Mulago Hospital to examine, assess and prepare a written medical report detailing its findings, diagnosis and recommended investigations, treatment, medication , follow-up care and any other recommendations for Lukwago’s proper care.
