The director of public prosecutions (DPP) is opposed to the bail application of Hajji Ali Mwizerwa, who is accused of defiling his 14-year-old stepdaughter. 

The DPP filed a 25-page written submission to the court, signed by senior state attorney, Timothy Amerit ahead of the upcoming hearing scheduled for November 26, 2024.

In his bail application, Mwizerwa claimed that he was arrested on September 30, 2024, at Kajjansi police station, and detained for seven days before being transferred to Nateete police station for another four days. He was subsequently charged with aggravated defilement on October 11, 2024, and remanded to Kigo prison. 

Mwizerwa argued that he has no prior criminal record and that the case has faced significant delays, as the prosecution informed the lower court on October 30, 2024, that investigations were ongoing. He further stated that his family has endured mental, psychological, and financial hardships since his arrest.

He emphasized that as a law-abiding citizen with a fixed place of abode in Bulenga-Kikaaya A Zone, Ssumbwe Parish, Wakiso sub-county, and Bweya, Kajjansi town council, Wakiso district, he is entitled to bail based on his constitutional right to presumption of innocence.

He also argued that the offence charged does not involve violence and that he poses no risk of interfering with witnesses or investigations. Mwizerwa cited health concerns, specifically his struggles with gastric ulcers and high blood pressure, which he argued could worsen if he remains in detention for an extended period. He also presented sureties, claiming they would ensure his compliance with bail terms.

However, the DPP, in response, opposes Mwizerwa’s bail application, citing five key grounds for denial. The DPP argues that the charge of aggravated defilement is a serious offence, punishable by a life sentence or the death penalty, which makes it likely that Mwizerwa would abscond from the trial if granted bail. The prosecution further contends that there are no exceptional circumstances that would warrant Mwizerwa’s release.

The DPP also said Mwizerwa’s bail application because his residences in Bulenga and Bweya are not verified, and his ties to Juba, South Sudan, pose a flight risk. Furthermore, the prosecution asserts that his international connections and previous stays outside Uganda heighten concerns about his commitment to remain within the jurisdiction.

The DPP also questions the sufficiency of Mwizerwa’s sureties, stating there is no evidence of their financial ability to meet bail conditions. Additionally, the DPP highlights the risk to public safety, as the victim has expressed feelings of vulnerability and insecurity due to Mwizerwa’s close familial ties. The victim was reportedly attacked on October 31, 2024, at Nasser Road, where she was dragged into a hostile crowd that blamed her for Mwizerwa’s legal predicament.

The prosecution further cites an affidavit from Sabila Abdella, the OC CID at Kajjansi police division, noting that Mwizerwa's actions justify a restrictive stance on bail. Abdella referenced Ugandan case law that denies bail for capital offences to prevent risks to public safety and justice.

In conclusion, the DPP asserts that the nature of the offence, the likelihood of Mwizerwa absconding, the potential for interference with witnesses, and the high public interest in the case strongly support the denial of his bail request. Mwizerwa's troubles began when his wife accused him of defiling her daughter, leading to his arrest and subsequent legal proceedings.  By URN / The Observer