By Gladys Mukisa
By 9:00 am, journalists, activists, friends, relatives and lawyers representing the jailed Alternative Digitalk journalist Arnold Anthony Mukose had already gathered at Makerere Law Development Center (LDC) Court, waiting with high hopes to hear the Court decision on whether Mukose’s request for his release on bail would be considered or otherwise, considering his time long detention in Luzira.
Among the gatherers were the Uganda Journalists Association (UJA) leaders Emmanuel Kirunda-Secretary General and Ronald Kabuye- the Public Relations Officers.
The Tuesday May 5th Court session meant that the state represented by Rachael Namutebi would submit its reply to the accused person’s recently filed bail application to inform the next cause of action by Court.
When Court proceedings kicked off, the state attorney Namutebi informed the LDC Court Chief Magistrate Ivan Maloba upon raising an inquiry on whether the state had any objection against the accused person’s bail application, that she had found everything substantially fine in his bail application, upon verification, thus presaging to Mukose’s associates that their expectation for his release were no longer farfetched.
Indeed, the Chief Magistrate Maloba shortly approved Mukose’s release on a Court bond, which however came along with an order of meeting a heavy monetary cash payment weight of 5-million-shilling deposit, while his sureties 50 million not cash, sparking concerns of highly costly justice among the press freedom advocates.
Accepting the accused person’s bail request, Maloba noted that the slapped offences and charges were bailable. His decision was also based on consideration to the Articles; 28 (3) a, of the constitution, which states that; Every person who is charged with a criminal offence shall be presumed to be innocent until proved guilty or until that person has pleaded guilty, and 23 which provides for; protection of personal liberty.
Mukose is facing charges of alleged publication of false and distressing information about the death of the first lady Janet Kataha Museveni, which he denied.
The presiding Magistrate’s decision followed Namutebi’s request that consideration for stringent bail terms attachment be given, thus a cumbersome 5 million cash bond.
Determination of the said bail application had earlier been set for the April 14th which never came to fruition, following the absence of the Magistrate.
UJA Protest the 5 Million Bail Cost.
Shortly after the Court decision, the Uganda Journalists Association (UJA) Secretary General Emmanuel Kirunda raised concern, describing the bail condition as very unfair and highly costly, posing with serious implication on justice delivery landscape.
“It simply implies that whoever doesn’t have money will never find justice” Kirunda said.
He however noted that they would file for the review of the lower Court’s decision in the Higher Court in the interest of easing the access to justice in future by the journalists.
“Justice must only be served but must also been to be served”.
Mukose’s detention occurred on Sunday 29th March shortly after being hosted on radio talk show where he had been invited to thrust the implication of the annulled Computer Misuse Act sections by the Constitutional Court as one of the petition into the matter.
Further hearing of the matter was adjourned to the May 18th.
