Musene Peter v Uganda (HCT-04-CR-CM-0082-2011)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The court held that an accused person remanded for more than 180 days without trial or committal is entitled to automatic release on bail under Article 23(6)(c) of the Constitution, regardless of whether exceptional circumstances are proved. The requirement to prove exceptional circumstances under section 14 of the Trial on Indictments Act only applies where the constitutional 180-day threshold has not been met. Application allowed and bail granted with conditions.
Outcome
Applicant released on bail with conditions pending trial
Facts
The applicant was remanded on 1 December 2011 in Criminal Case No. 49/2011. He applied for bail under sections 13 and 14 of the Trial on Indictments Act. The applicant claimed he was 62 years old, had respected police bond without absconding, and had been on remand since December 2011 without trial or committal. Two sureties were presented and examined by the court. The State Attorney opposed the application, arguing that exceptional circumstances were not proved as required and that the State would provide expeditious trial. The State also contended there was no proof of the applicant's advanced age.
Issues
- Whether the applicant is entitled to release on bail under the Trial on Indictments Act.
- Whether exceptional circumstances exist to warrant bail under section 14 of the Trial on Indictments Act.
- Whether the applicant qualifies for automatic release on bail having exceeded 180 days on remand without trial or committal.
Orders
- Application allowed.
- Accused/applicant released on bail.
- Accused person to execute a non-cash bond of UGX 1,000,000.
- Each surety to execute a non-cash bond of UGX 1,000,000.
- Accused and sureties to appear before the Registry to sign bond forms.
- Accused and sureties to continue to attend for case mention until advised otherwise by the Registrar.
- Accused to report to LC.I Chairman and OC CID weekly.
Rules and key headnotes
Legislation cited (5)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.