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UGANDA: GOVERNMENT APPEALS OVER OPPOSITION LEADER’S BAIL January 4, 2006
Apunyu Bonny
(SomaliNet) Uganda’s government on Monday 2nd filed a notice to the High Court intending to appeal the release on bail of the Forum for Democratic Change (FDC) presidential candidate, Col. Kizza Besigye. Reports New Vision in Kampala.
Justice John Bosco Katutsi ordered Besigye’s release as earlier ruled by the Principal Judge but the Government is dissatisfied with the ruling and orders of Katutsi, and intends to appeal to the Court of Appeal against the whole decision. The Government lawyer Joseph Matsiko signed the notice dated January 2.
Besigye remained in jail over rape and treason charges because the military court where he also faced charges said it was not subject to the High Court ruling.
Besigye’s lawyers appealed the decision and challenged the power of the military court to try him as a civilian. Besigye’s lawyers also said since the High Court had ordered the military court to stop proceedings against Besigye; it had no right to extend his remand order after the High Court granted him bail.
Justice John Bosco Katutsi ruled on Monday that Besigye was being detained illegally and ordered his immediate release “if sanity is to be regained. The High Court Assistant Registrar, Paul Gadenya, signed the appeal notice.
Katutsi said the continued detention of Besigye at Luzira on the Court Martial charges was illegal and unlawful.
Besigye returns to the High Court today to proceed with the rape case in which his lawyers are expected to cross-examine Joanita Kyakuwa, who he is accused to have allegedly raped twice in Kampala and Bombo in 1997.