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DPP speaks out on bail debate standoff

Director of Public Prosecutions Jane Frances Abodo. PHOTO | ALEX ESAGALA

The Director of Public Prosecutions (DPP), Justice Jane Frances Abodo, has said bail should be considered on a case-by-case basis. 

This follows an ongoing debate on whether to grant or not to grant bail to suspected capital offenders, especially those facing murder charges

Speaking at the sidelines of the launch of the trafficking in persons prosecutor guidelines in Kampala yesterday, Justice Abodo said it is against African culture to release someone who is suspected to have killed another barely days after being arraigned before court.  

“The debate about bail is ranging on and the law on bail is very clear. It says everyone has a right to apply, but whether you are granted or not, is at the discretion of the judicial officer. Which means, each case should be taken on its merit,” the DPP said. 

She added: “Someone is not yet buried and a person suspected to be the killer is moving around the village. That person can be lynched.” 

President Museveni has in the past fortnight — in a back-to-back public engagements renewed his decade-long bid to scrap bail for suspected offenders, especially those facing murder charges.

The President said the release of murder suspects who have not yet completed 180 days on remand is a provocation. He added that he has a political remedy for it.

When asked whether there is need to prioritise the hearing of murder cases as proposed by President Museveni last week on Friday,  Justice Abodo said that should be given to cases that are of public interest.

“It depends on what kind of murder cases, if they are of public interest, then, definitely, they can be fast tracked. You remember the Entebbe women murders, those are cases that affect so many of us, so they can be fast tracked if there are resources in terms of money and human resources across board,” she said.

Priority cases

The chief government prosecutor also said her office has been prioritising cases involving sexual violence such as aggravated defilement because they involve children who can easily forget their testimony.

DPP Abodo also said as government lawyers, their duty is to always oppose granting bail to suspects.

She said her office usually objects to releasing suspects on bail because of fear by the suspect to interfere with the investigations when they are still in infancy.  

“We object to bail applications and it’s a rule, you must object to bail and if I am not objecting to bail, I must sign a document saying I am not objecting. The law is, I must object to bail as the DPP,” Justice Abodo said.