Wakilii

Ali Fadhul v Uganda (HC. CRIMINAL MISC. APPLICATION NO. MMB 12 92)

High Court · [1992] UGHCCRD 1 · 1992 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for bail pending retrial on murder charge after successful appeal and remittal
Decision
Applicant remanded in custody pending retrial in early 1993

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court dismissed the bail application. While acknowledging the applicant had been on remand since 1986 and that his retrial had been repeatedly adjourned, the court held that the overriding consideration is whether the accused will abscond. Given that the applicant had previously been in exile after the 1979 war and faced a grave charge of murder, there was a high likelihood of absconding if released. Further, the failure to commence the retrial was attributed to the applicant's own failure to secure counsel or accept state-appointed representation.

Outcome

Applicant remanded in custody pending retrial in early 1993

Facts

The applicant was arrested in 1986 and charged with murder. He was tried and convicted of murder on 27 September 1989. His appeal to the Supreme Court was allowed and a retrial ordered. The retrial was scheduled for 25 February 1991, 28 January 1992, and 24 August 1992, but did not commence on any of these dates due to lack of funds or failure of counsel to appear. The applicant had been a Brigadier and Minister of Local Government in Amin's regime. After the 1979 war, he had been in exile. He applied for bail on the basis that he had been on remand since 1986, had a fixed abode in Mukono District, and could produce sureties. The state opposed, arguing the applicant had refused state-appointed counsel and was likely to abscond given his history of exile.

Issues

  1. Whether the applicant, who had been on remand since 1986 and whose retrial had not commenced through multiple adjournments, should be released on bail pending retrial.
  2. Whether the High Court should grant bail to an accused person already committed for trial on a capital charge where the case had been adjourned indefinitely.

Orders

  • Application for bail dismissed.
  • Case to be listed for early 1993 Criminal Session.

Rules and key headnotes

Bail — Post-Committal Bail — Overriding Consideration
The overriding consideration in deciding whether to release an accused person on bail after committal for trial is whether the accused will abscond, and this consideration is particularly important in cases where the applicant is already committed for trial on a capital charge.
Bail — Flight Risk — Prior Exile as Indicator
A history of fleeing into exile at the end of armed conflict may constitute evidence of a likelihood of absconding if released on bail, particularly where the accused faces a grave charge such as murder.
Bail — Applicant's Contribution to Delay
Where delay in commencing a retrial is attributable to the applicant's own failure to secure counsel or accept state-appointed representation, this may weigh against the grant of bail notwithstanding lengthy time on remand.

Legislation cited (1)

  • Act 5/85

Cases cited (2)

  • Gordon Buhazi v Uganda (Criminal Misc Application No. 7 of 1992)
  • Bazira v Uganda (unreported)

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Ali Fadhul v Uganda (HC. CRIMINAL MISC. APPLICATION NO. MMB 12_92) [1992] UGHCCRD 1 (12 December 1992)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.