By Spy Uganda
The High Court has declined to release city lawyer Erias Lukwago on bail, ruling that although he had satisfied most of the legal requirements for release, procedural developments in his criminal case prevented the court from granting his application.
In a ruling delivered on Thursday, Justice David Matovu found that the prosecution had failed to convincingly demonstrate that Lukwago posed a risk of interfering with witnesses or absconding if released. However, the judge held that the bail application could not proceed because the criminal case had since been committed to the High Court and was yet to be assigned to a trial judge.
The decision means Lukwago will remain on remand until the newly committed criminal session case is allocated for case management before the judge who will ultimately hear the trial.
Justice Matovu dismissed the prosecution’s argument that Lukwago was likely to interfere with witnesses, describing the claim as speculative.
The judge observed that investigations into the case had substantially been completed and that the first prosecution witness had already testified in the main trial, reducing the likelihood of interference with the prosecution’s evidence.
The court also rejected the State’s assertion that Lukwago was a flight risk.
Justice Matovu noted that Lukwago’s personal character, professional standing and positions of responsibility did not suggest that he was likely to flee the country if granted bail.
Although the court was satisfied with most aspects of the bail application, it found that the medical evidence presented in support of Lukwago’s health concerns did not meet the legal threshold required by law.
Justice Matovu ruled that the medical documents submitted had not been certified by a medical officer from the prison where Lukwago is currently being held.
The judge emphasized that courts can only rely on medical reports that have been properly authenticated by prison medical authorities when considering health-related grounds for bail.
The ruling turned largely on the procedural status of the criminal case.
Justice Matovu noted that the case under which Lukwago had sought bail before the Makindye Chief Magistrate’s Court no longer existed in its previous form after it was formally committed to the High Court for trial.
According to the court, the Deputy Registrar has not yet assigned the criminal session case to a judge for case management.
In those circumstances, Justice Matovu said it would be inappropriate for him to determine the bail application, preferring instead to leave the matter to the judge who will eventually preside over the substantive trial.
“The court will exercise its discretion by declining to grant bail in order to allow the judge who will ultimately handle the trial to manage the matter,” the ruling states.
To facilitate the next stage of the proceedings, Justice Matovu directed the Deputy Registrar to follow up the committal papers from the Makindye Chief Magistrate’s Court and ensure that the criminal session case is promptly assigned to a High Court judge for case management.
The allocation of the case is expected to pave the way for further pre-trial proceedings, including any fresh application for bail before the trial court.
Although the court found no convincing evidence that Lukwago would abscond or interfere with witnesses, the procedural transition of the case ultimately proved decisive.
Consequently, Justice Matovu dismissed the bail application, leaving Lukwago on remand pending the assignment of his case to a trial judge who will oversee the criminal proceedings.
