A third attempt by Sheikhs Yunus Kamoga, Siraje Kawooya and Multabh Bukenya to get bail flopped on Tuesday after two of three judges on the panel to hear it were said to be indisposed.
The sheikhs, and 11 others, applied to be released on bail on grounds that it is their constitutional right and that just like other murder suspects, they enjoy the presumption of innocence until proven guilty. They argue also that prosecution’s evidence does not directly pin them.
The accused are on trial for the murder of fellow sheikhs, including Mustafa Bahiga and Hassan Kirya.
They have been on remand at Luzira and Kigo prisons since December 2014 having failed to secure bail on two earlier occasions.
The International Crimes Division Court had set to hear the bail application Tuesday morning before a single judge Duncan Gaswaaga but the DPP instead wrote a letter clarifying that the three judges who are trying the case must hear the bail application ,as per the court’s rules.
However the bail hearing could not proceed due to the absence of the two Lady Justices on the panel despite the fact that the accused and their lawyers had organized over 30 sureties. This did not go well with the defence team.