[1992] UGHCCRD 1

[1992] UGHCCRD 1

The court found that while the applicant had a fixed abode and presented sureties, the overriding consideration was the likelihood of absconding. Given the applicant's history of exile after the 1979 war and the gravity of the murder charge, the court was not satisfied that he would not abscond if released. The court also noted that the delay in trial was partly due to the applicant's own actions, including failure to instruct counsel and refusal of a state brief advocate. Therefore, the application for bail was dismissed as lacking merit.

Citation
[1992] UGHCCRD 1
Parties
Applicant: Ali Fadhul; Respondent: The Hon. Mr. Justice Isekoko (Uganda)
Court
HC: Criminal Division (Uganda)
Jurisdiction
Uganda
Judgment Date
12 December 1992
Case Number
HC. CRIMINAL MISC. APPLICATION NO. MMB 12/92
Procedural Posture
Criminal Miscellaneous Application / Ruling on Bail Pending Retrial
Outcome
application dismissed
Judges
Karokora, J
Legal Topics
Bail Pending Trial, Remand Periods, Risk of Absconding
Source Language
English
Criminal Law Civil Procedure Bail Pending Trial Remand Periods Risk of Absconding

Case Brief

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Parties

Ali Fadhul

Applicant

The Hon. Mr. Justice Isekoko (Uganda)

Respondent

Procedural Posture

Criminal Miscellaneous Application / Ruling on Bail Pending Retrial

Legal Issues

  1. 1 Whether the applicant should be granted bail pending retrial after prolonged remand and adjournments.
  2. 2 Whether the applicant is likely to abscond if released on bail.
  3. 3 Whether the delay in trial is attributable to the applicant or the state.

Ratio Decidendi

The court found that while the applicant had a fixed abode and presented sureties, the overriding consideration was the likelihood of absconding. Given the applicant's history of exile after the 1979 war and the gravity of the murder charge, the court was not satisfied that he would not abscond if released. The court also noted that the delay in trial was partly due to the applicant's own actions, including failure to instruct counsel and refusal of a state brief advocate. Therefore, the application for bail was dismissed as lacking merit.

Court Disposition

application dismissed

Orders

  • Application for bail is dismissed as having no merit.
  • The case shall be on the list for early 1993 Criminal Session.