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Uganda: DPP Stops Release of Convicted Forgers
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New Vision (Kampala)
22 July 2008
Posted to the web 23 July 2008
Hillary Nsambu
Kampala
THE Director of Public Prosecutions (DPP) has asked the Court of Appeal not to release two men convicted of forging and obtaining land titles, saying they are dangerous characters.
The Principal State Attorney, Fred Waninda, who represented the DPP, told Justice Augustine Sebutuulo Shiimye on Thursday that although Gerald Nsubuga and Angelo Muwanga are in prison serving custodial sentences, they were also facing similar charges in court, which they committed while in prison.
Nsubuga, 63, and Muwanga, 65 had appealed to the Court of Appeal requesting to be released on bail pending the hearing and disposal of their appeal against conviction and sentence of imprisonment.
The attorney, who vehemently opposed the bail application by the two men, also submitted that while they had just been convicted of the offences and sentenced, they allegedly committed more land title forgeries for which they are currently being charged at the Nakawa Chief Magistrate's Court.
"My Lord, this is a clear demonstration by the two men, that if they could commit fresh offences while in prison, they can be more dangerous once released on bail. I am, therefore, asking the court to use its discretion to reject their application; after all, they are still serving the sentences," Waninda submitted.
Waninda also argued that the applicants had not disclosed to court where they stay, which implied that they did not have permanent homes. This showed that they could easily jump bail, and their sureties might never be able to bring them back to court to answer the charges against them.
However, Tendo Kasirye-Kabenge, the lawyer representing the two men, asked the court to grant them bail arguing that the High Court had made a mistake to confirm their conviction, the custodial sentences and the orders to compensate the land owners.
Kasirye-Kabenge said the appeal by his clients had high chances of success.
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He added that the non-disclosure of their homes was an oversight on the lawyers' part, and should not be held against the two men.
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