Lochomin v Uganda (Criminal Application 32 of 1993) [1994] UGHC 85 (4 February 1994)

## THE REPUBLIC OF UGANDA IN THE HIGH COURT OF UGANDA AT KAMPALA MISC. CRIMINAL APPL. NO. 32 OF 1993 (Original Criminal Case No. MMO/91/92 of Moroto Court).

LOCHOMIN SIMON: ...... APPLIC:NT . . . . . . . . . . . . . VERSUS

UGANDA: .. RESPONDENT BEFORE: The Honourable Ac. Justice E. S. Ingavizi RULING-

The Applicant in this case was charged with the offence of wurder on two counts. This took place on 2nd November, 1992, before the Chief Magistrata in Manato who sent him on remand thereafter.

In his application for bail on 31st January, 1994. the Applicant revealed that he was arrested on 15th October, 1992; and that so far, he had covered 480 days on remand. He further said that he was suffering from tuberculosis and got confused at least twice in a year.

$Mr.$ Elubu for the State opposed this application and said that the Applicant was not entitled to bail because he had not exhausted the Statutory period of 480 days on remand. Secondly, on sickness, the Applicant had not produced evidence from the Medical Board supporting his case as was required under S.14B of the Trial on Indictments Decree (incorporated therein by Act 5/90) or from the Prisons' Medical authority.

The aforesaid Section 148 of the Trial on Indictments Decree which lays down the time limit in capital cases where persons who have not yet been tried are on remand, provideds as follows;

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Read before:

Mr. Elubu for the State. The Applicant/Accused present. Mrs. Kamukama Court/Clerk.

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E. S. Lugayizi Ag. J U D G E $4/02/1994.$