Court has rejected an affidavit from the investigating officer asking it not to grant bail to a young woman, who was captured in a video threatening to hit President Museveni with her “genitals” if he did not release Kyaddondo East MP Robert Kyagulanyi aka Bobi Wine in August.
The accused Suzan Namata, 21, appeared in a session presided over by Buganda Road Court Grade One magistrate, Ms Stella Maris Amabilis, who granted her cash bail of Shs600,000. Her two sureties were each bonded on Shs2million not cash.
She is charged with two counts of cyber harassment and offensive communication both contrary to the Computer Misuse Act. She denied the charges.
Before court could grant Namata bail, the state prosecutor, Ms Miriam Njuki presented an affidavit from Mr Bill Ndyamuhaki the investigating officer which document claimed that the accused will frustrate investigations once released.
“The accused has been in constant communication through her relatives with her co-accused Sheila Ankampera who is still at large. If granted bail she might frustrate investigations by invading or hinder her arrest,” the affidavit reads in part.
“…Namata once released might also aid the second accused to delete information from the mobile phone,” the affidavit reads.
In reply, defence lawyer, Mr Isaac Ssemakadde brought to court’s attention that it is just being hijacked with a document (affidavit) was not on court record earlier.
Mr Ssemakadde said the prosecutor smuggling an affidavit on record is irregular and illegal in criminal proceeding as it was alleged to have been made on the day the accused person’s bail application hearing was to commence.
“…this document is not substantial if the deponent, Mr Ndyamuhaki, failed to attend before court to be cross-examined if he was so minded to substantiate the affidavit, ”Mr Ssemakadde said.
He explained that assertion that Namata will frustrate investigations are mere allegations which are unfounded.
In her ruling Ms Amabilis agreed with the defence submission that court was just ambushed with the affidavit before declining to allow it.
The trial magistrate adjourned the matter to November 20, for mention.