• Tue. Jun 28th, 2022

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Lawyer Mabirizi petitions Court to cancel Pastor Bugingo’s bail

Citing section 221 of the Magistrates Courts Act, Lawyer Hassan Male Mabirizi petitioned the Entebbe chief magistrate to cancel court bail which was granted to pastor Aloysious Bugingo on January 21. Through an application filed on Monday, Mabirizi implores the chief magistrate to use the supervisory powers of her office and review the bail which was granted by the grade one magistrate Stella Okwong Paculal.

Bugingo and Makula in a court dock at Entebbe magistrates court on Friday last week

“I am writing pursuant to section 221(2) of Magistrates Courts Act which provides for Chief a magistrate to call for and examine the record of any proceedings before a magistrates court inferior,” stated in part, Mabirizi’s application. He termed as illegal, irregular and fraudulent, the Friday proceedings which granted bail to pastor Bugingo.

Section 221, of the magistrates courts Act gives a chief magistrate powers of supervision over all magistrates courts within the area of his or her jurisdiction.

“A chief magistrate may call for and examine the record of any proceedings before a magistrates court inferior to the court which he or she is empowered to hold and situate for the purposes of satisfying himself or herself as to the correctness, legality or propriety of any finding, sentence, decision, judgment or or order recorded or passed,” states in part section 221(2) of the Act.

According to Mabirizi, the trial magistrate had an application filed on Monday last week requesting her to strike out the letter which the Director of Public Prosecution (DPP) had written to take over the case.

The Lawyer argues that his affidavit clearly indicated how pastor Bugingo was to interfere with the witnesses because some of them are his employees. “Even my life continues to be in danger as long as Bugingo is out on bail,” asserted Mabirizi in his Monday application.

While appearing in court on Friday last week, pastor Bugingo who was represented by lawyer Ronald Ruhinda applied for bail which the DPP did not object to.

Mabirizi organising his documents at Entebbe court

The office of the DPP, represented by Timothy Amerit, said it would be quicker and easier for Bugingo and Suzan Makula to be tried while on bail than being in prison where there is limited internet access.

“Bearing in mind that in these times and era, accused persons many times are not physically produced in court for trial from prison and yet we are inclined to have an expeditious and marathon of trial,” argued Amerit.

The accused were each granted a cash bail of sh3m and sh10m non cash to each of their sureties. Bugingo and Makula face charges related to contracting marriage by customary law when already married which is contrary to section 50 of the marriage Act and marrying a person previously married, which is contrary to section 42 of the marriage Act.

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