The Director of Public Prosecutions has expressed fear of escape by Minister of State for Karamoja Agnes Nandutu if released on bail.
Nandutu through her lawyers on Wednesday asked court to release her on bail citing her right to apply for bail and having substantial sureties.
The lawyers led by Charles Nandah told court that Nandutu is the MP for Bududa district and State Minister for Karamoja with a fixed place of abode at Nantabulirirwa village in Goma division in Mukono municipality.
The lawyers presented three people including Budadiri West MP Nandala Mafabi, Gerald Nangoli, the Elgon North constituency legislator and the Bududa LC5 chairman,Amooti Milton Apollo.
Charm offensive
To entice the court, Nandutu's lawyers presented to court four land titles, two in the names of Nandala Mafabi and the rest in the names of Mount Inn Limited, a hotel owned by Mafabi.
The lawyers also presented financial statements for two bank accounts in dollars and another one in Uganda shillings, both owned by Nandala Mafabi.
On her side, Nandutu presented her own national ID, passport and parliamentary ID.
"The sureties undertake to ensure the applicant shall return to court whenever required to stand trial,"Nandah said.
Medical report
The lawyers also presented to court a medical report authored by Superintendent of Police, Dr.Julius Muhwezi a police medical personnel in which the minister told court he has an illness that cannot be treated from Luzira.
"There are medical requirements like an orthopedic mattress that are required by the applicant but are not available at Luzira. The applicant also requires specialized treatment which cannot be provided in prison."
The lawyers said since their client voluntarily reported to the police Criminal Investigations Division headquarters in Kibuli, there is no risk of absconding if released on bail.
DPP drags feet
In response to the bail application, the Director of Public Prosecutions represented by two chief state attorneys Jonathan Muwaganya and Davud Bisamunyu told court there is a likelihood of the minister absconding if granted bail.
"It is our contention that she is a flight risk since she has previously refused or declined to answer police summons. It is on evidence that in addition to declining to honour police summons, she also abandoned her home upon learning that she was wanted by police," Muwaganya said.
The chief state attorney told court that since April 15 when she learnt of her summons by police, Minister Nandutu switched off all her known phones but also a search at her two known fixed places of abode proved futile as she was nowhere to be seen.
"In addition to absconding, she also abandoned her official vehicle at CID headquarters in Kibuli and a verification from her official driver indicated they had last been in touch on April 14, the day she was summoned to report to police," Muwaganya said.
To make a case for fear of the minister escaping, the chief state attorney told court that during the time when she was being looked for, even the driver didn't know where she was, and neither was her bodyguard.
In regards the claims that Nandutu voluntarily presented himself to police, the DPP representatives dismissed the same saying the minister only appeared at CID headquarters after the police through its spokesperson, Fred Enanga made a public announcement that she was wanted.
"She surrendered herself to police the next day. Earlier, police had carried out a physical inspection at her home and at her farm but the guard at home said she had not returned since April, 14. Therefore, the previous conduct of the applicant demonstrates that she is likely to abscond if released on bail," Muwaganya said.
Pokes holes in sureties, medical report
The chief state attorney also told court that of the three sureties, only MP Nandala Mafabi is substantial with the remaining not able to show a financial muscle needed in such cases that require one to pay a big sum of money in bond if the accused absconds.
The DPP lawyers said that apart from presenting their national IDs and work IDs, the other two sureties have not presented any other evidence to prove they are capable of paying the cash required in form of bond.
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"MPs are entitled to emoluments but that doesn't mean every MP is in a good financial standing. There is no reason for a person who is financially stable for fail to demonstrate it even by bank statements or other forms of evidence."
The lawyers said the medical report presented by Nandutu's lawyers doesn't in any way prove the person who authored it is a medical doctor , noting that it fails to indicate the author's qualification.
The DPP's representatives also told court that in any case, the said medical report was an internal memo within the police's directorate of medical services and no evidence to prove that it was intended to be used in court.
Chief State Attorney Jonathan Muwaganya told court that it is only prudent for court to dismiss the bail application.
"For the reasons given, for the interest of justice of this matter, it is prudent that bail is denied but instead hearing of the main case is prioritized,"Muwaganya said.
The trial judge, Lady Justice Jane Okuo Kajuga adjourned the case to tomorrow, Thursday to give her ruling on the bail application.
