The Director of Public Prosecutions (DPP) has objected to the temporary release of a father accused of defiling his stepdaughter.
The DPP raised five grounds why he is opposing the bail application of Mr Ali Mwizerwa who is facing a charge of aggravated defilement.
Among the grounds are that the applicant has not disclosed any exceptional circumstance to warrant his release, is a flight risk who is not law-abiding, and yet he is charged with a very serious offence that attracts the maximum death penalty and life sentence.
The offence with which the applicant has been charged involves extreme personal violence and the sureties presented are not substantial, the State argued.
“That this charge, reflecting the gravity of the applicant’s actions, underscores the necessity for a restrictive stance on bail, as established in Ugandan case law, which maintains that the seriousness of a capital offence warrants denial of bail to prevent undue risks to public safety and justice,” reads in part an affidavit by the CID officer at Kajjansi Police Division, Mr Sabila Abdella.
Mr Abdella further held that the transient and rural nature of Mwizerwa’s claimed residencies in Bulenga and Bweya lack verification and that his established home in Juba, South Sudan, where he frequently resides during business trips, amplifies the risk of absconding. The court documents further state that the victim expressed feelings of vulnerability and insecurity, which apprehension is rooted in the applicant’s close familial ties, presenting an ongoing risk that should not be underestimated.
“That the complainant informed me that on Thursday, October 31, 2024, she was subjected to an unprovoked attack while conducting errands along Nasser Road, Kampala, during which she was forcibly dragged into a hostile crowd that taunted and wrongfully blamed her for causing the applicant’s legal predicament,” Mr Abdella stated. Court documents further indicate that Mwizerwa was subsequently committed to the High Court for trial on November 13.
Mwizerwa, who is accused by his wife of defiling her 14-year-old daughter, in his bail application stated that he is a citizen of Uganda with a fixed place of abode at Bulenga-Kikaaya A Zone, Ssumbwe Parish, Wakiso Sub-county as well as Bweya, Kajjansi Town Council, all in Wakiso District, which are all within the jurisdiction of the court.
He stated that his family continues to suffer mentally, psychologically and financially since the day he was arrested on September 30, 2024, and remanded to Kigo Prison. He further stated that he suffers a grave illness of gastric ulcers and high blood pressure that are incapable of being adequately treated while in custody.
