The high court judge, Justice Elidardi Mwangusya, has dismissed a state application, seeking to reverse the bail granted to suspected members of the Peoples Redemption Army, (PRA).
In January, the Solicitor General, Lucien Tibaruha, filed an application asking the High Court to review its decision to grant the suspects bail.
The application was supported by an affidavit sworn by Captain James Katabazi, also a suspected rebel fighter, who was granted amnesty in January. In the affidavit, Katabazi said there is a high possibility that the suspects, who were granted bail in December 2005, would escape from the country if released from jail.
In his ruling however, Justice Mwangusya said that the High Court does not have the jurisdication to review a matter that has been decided by a Higher Court.
The Constitutional Court recently ruled that the continued detention of the PRA suspects even after they were granted bail was illegal and ordered for their release. The same Court ruled last year that bail was not mandatory but subject to the discretion of Court which, was a basis of the State application.
Justice Mwangusya also said that the Constitutional Court did not reverse the decision taken by High Court Judge Edmond Lugayizi to grant the suspects bail. Justice Mwangusya also said the Attorney General should not have been party to the application since it was arising out of a criminal matter.
The ruling by Justice Mwangusya stems from the preliminary objections raised by lawyers of the suspects after the state failed to respond. The Defence argued that the continued incarceration of the suspects even after they were granted bail in 2005 is an infringement on their basic human rights. They had also argued that claims in the state application were misconceived, incompetent and bad according to the law.
The Deputy Director of Public Prosecutions, Byabakama Mugenyi, welcomed Court's decision and said he would consult on the next course of action.
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One of the lawyers of the suspects Yusuf Nsibambi explains the implication of today's ruling.
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