Lochomin v Uganda (Criminal Miscellaneous Application 32 of 1993) [1994] UGHC 93 (4 February 1994)

Full Case Text

## THE REPUBLIC OF UGANDA

*•* IN THE*—me \** HIGH**• M** COURT OF UGANDA **r'»» ♦-'\* &lt; k\*\* 1»-.|** AT KAMPALA **-v n<i/Le** MISC . CRIMINAL APPL. NO. 3,2 \_01? 1993 (Original Criminal Case No I. MMo/91/92 of Moroto Court).

LOCHOMIN SIMON: ........................... .. .. APPLICANT VERSUS

UGANDA; . RESPONDENT DEP0RE4 ^la. KojiQurahlH. Ae^..jJusti.c.e. £e.a<. Lug^vJ^g. ,R . U\_L I N\_^

The Applicant in this case was charged with the -offence of ajur'xter on two. counts. This took place on **2nd Novembo^Ty 12J2y thi^ Chief Mogd w ilaar'rx'ixx** who sent him on remand thereafter.

In his application for bail **on** 3Lst January^ 1924\* the Applicant- revealed that **he was .ar**rested on 15th October, 1992; and that so far, Jie had covered 4\$0 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 r>f 43d 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 14B 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 remandr provideds as follows;

"lAB. If an accused, person has been remanded in custody before the commencement of his trial.

- (a) in respect of any offence punishable by death, for *a* continuous period exceeding four hundred and eighty days; - (b) ..................................................

the judge before whom he first appears after the expiration of the relevant period shall release him on bail on his own recognisance notwithstanding that he is accused of an offence referred to in section unless,

- (i) he has, prior to the expiration of that period, been committed to the High Court for trial; dir - (ii) the judge is satisfied that it is for the protection of the public that he should not be released from custody.

According to my calculation\* it would appear that the Appli.cant herein has been on remand for about 45A days only. I therefore agree with counsel for the State that hir application for bail under the above law is pre-mature.

As regards sickness, according t\* section z14A(2)(a) •f the Trial on Indictments Decree (incorporated herein by Act 5 of 1985), an Applicant cannot succeed under this item of exceptional circumstances unless he shows that he is suffering from grave illness which has been certified

*■■■*

by a Medical Board of being incapable of adequate medical treatment while the Applicant is in custody.

*f*I

It is however, very well knox-zn that there is no such Medical Board in existence. Consequently, in the face of that difficulty, cases, such as Ahmad Sengendo vs. Uganda Misc. Cr, Appl. Ill of 1986; Lule Tony vs, Uganda Misc. Cr. Appl. No. 25 of 1993 and others have suggested that it would be appropriate for the court to substitute . itself for the Medical Board and cosinder the available fevidonoe and do^idc wbQ^h.o\*' alleged grave illiwcs is really grave and whether it is such as would be incapable of adequate medical treatment while the accused is in custody.

In this case however, the Applicant provided no such alternative evidence to enable the court to come to any conclusion. In the circumstances therefore, his application for bail wild again fail Lindon T\*his itos^

With the above in mind, the application herein is dismissed.

Finally, I wish to point out that this is yet another case from Moroto where an Applicant claims that he was arrested and x-^as never taken to court until two weeks after the event. If such claim is true, then it would appear the police in Moroto are not aware that they are supposed to take suspects to court within twenty-four hours of their arrest.

I hope the relevant authorities will take up this **natter with ths police in the paid area-with a view to noxtialitin? the situation for the <?ood of**

all.

Ji.3. JuUgayizi AG., J.. U D GE

4/2/1994.

## 4/2/12S4.:

Mr. Elubu for the State. Applicant/Accused present. Mrs Kaniukama Court/Clerk. Court: Ruling road out.

js. S. Lugayizi

AG., J \_. U JD.,G J8 4/2/1994.