By Ruth Anderah
Jinja High Court Judge Eva Luswata has declined to refer King Mumbere’s bail application to the International Crimes Division Court as earlier requested the by the Director of Public Prosecutions.
Justice Luswata has ruled that at this stage when the DPP has not yet committed Mumbere for trial before the ICD, the king can appear before any High Court judge for purposes of bail hearing.
The judge says the Constitution gives the High Court unlimited jurisdiction to entertain all matters and therefore she does not need to be designated as an ICD judge by the Principle Judge to hear this application.
Justice Luswata has therefore dismissed the DPP’s application to have Mumbere’s bail application transferred to a single judge of the ICD and ordered the King’s lawyers led by Caleb Alaka to proceed with presenting their sureties.
The judge however explains that her ruling does not bar the DPP from having the king tried before the right court with powers to try his offences.
On the Monday this week, the DPP Mike Chibita through his attorney Racheal Bikhole requested that King Mumbere’s bail application be heard before the ICD which they said had jurisdiction to try terrorism being one of the offences he faces.
