Wakilii

Yang Zheng Jun v Uganda (Misc. Appl. Nos 99 2013 & 104 2013)

Court of Appeal · [2013] UGCA 17 · 2013 Application Partly Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Consolidated applications to the Court of Appeal for reinstatement of bail, stay of High Court criminal trial, and orders relating to interpretation, arising out of a pending criminal appeal
Decision
Applicant's bail reinstated on the same terms as set by the High Court; application to stay the trial disallowed; trial to continue with interpreter to be secured by the trial court

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Holding

The Court of Appeal held that the trial judge's cancellation of the applicant's bail, on the sole basis of a personal practice of cancelling every accused's bail once trial commences, was unconstitutional. It contravened the applicant's right to be heard under Article 28(1) (non-derogable under Article 44(c)) and improperly overrode a judicious grant of bail. The applicant's bail was reinstated on the same terms set by the High Court. The application to stay the trial was disallowed, as reinstating bail rendered the intended appeal unnecessary. No order was made on interpretation, that being a matter for the trial court to ensure a fair trial.

Outcome

Applicant's bail reinstated on the same terms as set by the High Court; application to stay the trial disallowed; trial to continue with interpreter to be secured by the trial court

Facts

The applicant, a Chinese national in Uganda, was charged in the High Court with aggravated trafficking in children, aggravated defilement and simple defilement. On 2 April 2013 the High Court granted him bail on conditions, including deposit of his passport, a cash bail of UGX 100,000,000, regular reporting, sureties, and no travel outside Uganda without permission. He complied with these conditions. His trial began on 1 May 2013. As the applicant was not conversant in English, the court sought a Chinese/English interpreter; the applicant repeatedly claimed he could not follow the interpretation, causing adjournments. On 6 May 2013, when the hearing could not proceed for want of an effective interpreter, the trial judge cancelled the applicant's bail. The judge later explained it was his practice to cancel the bail of every accused person once trial commences, to ensure expeditious trial. The bail was cancelled without the applicant being heard on the matter. The applicant lodged an appeal and these two consolidated applications.

Issues

  1. Whether the applicant should be granted bail or have the bail granted to him by the High Court reinstated.
  2. Whether an order was necessary that the trial court secure the applicant another English/Chinese interpreter.
  3. Whether the hearing of the High Court criminal case should be stayed pending disposal of the pending criminal appeal.

Orders

  • The applicant's bail is reinstated on the same terms and conditions as were set by the High Court.
  • The hearing of High Court Criminal Case No. 45 of 2013 (also No. 33 of 2012) is to continue, subject to the trial judge deciding whether to continue to preside.
  • The trial High Court is to decide on securing a proper English/Chinese language interpreter, ensuring the interests of a fair trial are not compromised.
  • The application to stay the hearing pending disposal of Criminal Appeal No. 70 of 2013 is disallowed.
  • The Registrar to hand over the applicant to the Registrar, Criminal Division, High Court, Kampala, who shall release the applicant on bail.

Rules and key headnotes

Bail — Cancellation of Bail — Blanket Practice of Cancelling Bail on Commencement of Trial
A court may not cancel an accused person's bail as a matter of routine practice on the sole ground that the hearing of the case has commenced, where the accused is complying with all bail conditions; such cancellation improperly overrides a judicious grant of bail and is contrary to Article 126(1) of the Constitution.
Fair Hearing — Right to be Heard — Cancellation of Bail Without Hearing
Cancelling an accused person's bail without affording that person an opportunity to be heard contravenes the right to a fair hearing under Article 28(1) of the Constitution, which is non-derogable under Article 44(c).
Bail — Judicial Discretion — Nature of Discretion
The grant or refusal of bail is an exercise of judicial discretion that must be founded on the rules of reason, justice and law; it is not to be governed by private opinion, arbitrariness, caprice or vague and fanciful considerations.
Right to Liberty — Foundation of Right to Bail
The right to bail is founded on the right to liberty, a universal human right inherent in every person and not granted by the state, which all organs and agencies of government are obliged to respect, uphold and promote under Article 20(2) of the Constitution.

Legislation cited (16)

Cases cited (2)

  • R v Board of Education [1990] 2 KB 165
  • Sam Kuteesa and 2 Others v Attorney General (Constitutional Petition No. 46 of 2011)

Full judgment

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Yang Zheng Jun v Uganda (Misc. Appl. Nos 99 2013 & 104 2013) [2013] UGCA 17 (12 July 2013)
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.