March 2013
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Day March 22, 2013

The President is Right on Bail for Corrupt and Murder Suspect:- let them not have bail

Written By Peter Marco
Sometime back while celebrating the 27 anniversary of NRA/M since they took power and liberated Uganda, the President explained the need to fight corruption and economy sabotage as one of the problems facing Uganda today and keeping the country behind.
He stated the need to fight corruption because is scaring away the investors and making the economy not to grow because the taxes, revenue, money for infrastructure, business development scheme, money borrowing schemes, hospitals, poverty fighting initiatives and small business schemes are suffering due to corruption and misuse of office.

The above problems are caused due to corruption and misuse of funds that are meant to help, but because the corrupt thinks that they can get away with it and they can manipulate the system they continue to sabotage everything.His Excellence expresses the failure of the courts in not helping and doing its working in tracking the problem and helping in fighting corruption.He explained the need to amend the law and introduce a bill that will stop Corrupt and Murder suspects from being granted bail.

If we care about the suffering of many Ugandans that is brought about due to corruption it’s high time we support the President on this issue. Why? Someone will ask.The reason is that when we grant bail to the suspect which is their right you can say, some of the suspects misuse it in the way that they temper with the evidence which makes the burden of proof and proof beyond reasonable doubt before the courts difficult.

Someone has just stolen Billions but he/she can buy his way out of the courts and will try to pay off some officers investigating him, take example one officer was suspended for meeting up with one suspect’s lawyers who is fighting charges of stealing billions in the OPM.

If a suspect is granted bail, the first thing is going to do is to cover the tracks which the CID officers did not see in the beginning, like transferring the money on hidden accounts, family member’s accounts, moving money overseas, setting up fake business that will show where he got the money to build nice houses and buy cars, deleting information on the computer and burning the computer savers and high drives, selling off assets to disguise that he did not take money, buying fake shares and finally paying off court officials so that he can be found not guilty.
When the courts grant bail to people they do not give any restrictions that are strong and tuff enough to stop them from doing anything, they just ask for a few millions from someone who has stolen Billions, securities’ and deposit of the passport.
This is a joke because if the person knows that he/she will be found guilty, can even jump bail because he as the money to buy a new passport, and you will hear the next thing that the suspect is in East London, Stockholm, Boston, South Africa or even Nairobi. Some of the places where you find the biggest number of Ugandan Community, when you read about the law and understand it in Equity the law says that whoever comes to Equity must come with the clean hands, but those people do not have clean hands, so why should the courts treat them with grace.

Even their so called lawyers they are not with clean hands because they know that if their clients gets bail they will go and temper with the evidence or run away, they know how to manipulate the system and access to judges through court clerks and other court officials.

Take an example in England John Terry the court found him not guilty of the offences against Anton Ferdinand but the Football Association charged him on the same offences and was found guilty and he accepted the ban of not playing for some matches.
That means that the courts and judges may interpret the law in someone’s favour which is not in public interest and helping, same as giving bail to people who have committed the above crimes, it’s not in public interest to do that.

Still in England one terror suspect Abu Qatada was on bail but with restrictions on whom he talks too, sees and meet up with, but in Uganda the Corrupt and Murder suspects walk free and talk to anyone to help them cover their crime.
If we cannot detainee the suspect for over 35 days without trial, let’s just denial them bail until the trail starts and they appear in the courts to defend them self’s. Simple

The verse of Corruption will not be solved if we do not take measures that are working; the misinterpretation of laws by judges in Uganda courts is causing more harm than good. They take the literal meaning of the act and change it, they go on using the mischief rule and statutory interpretation where it does not apply and which is in favour of the criminals.If the young Rwanda can fight corruption what about the old Uganda, matters of Corruption should be ‘Judicial Review Matter ‘because it’s in the public interest to see that the law is being interpreted in the proper way in fighting Corruption.

By Peter Marco

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