State objects to bail of six accused of illicit gold dealings at Entebbe airport

The state prosecutor in a case in which a businessman, a cleaner and four Entebbe Airport clearing agents are accused of illicit gold trade has asked court not to release them on bail, arguing that the sureties they presented before Entebbe Chief Magistrate, Stella Maris Amabilis, are not substantial.

Businessman Daniel Kananura, airport cleaner John Kennedy Mujjuzi and four clearing agents;  Richard Mpomba, Pascal Nkahirwa, Ismail Bekalaze and Benon Muhwezi are battling four charges in connection to illegal dealings in minerals at Entebbe International Airport on September 27, 2024.

They were charged with dealing in minerals without a license, aiding and abetting illegal operators of minerals, mingling minerals with intent to defraud and attempting to smuggle minerals. They pleaded not guilty to all the charges.

 The state attorney, Ms Janet Kitimbo, on Monday objected to a bail application made by the accused through their lawyers led by Ms Shamim Nalule.

Ms Kitimbo argued that all the 17 sureties were not substantial.

According to her, the sureties lack financial muscle equivalent to the charges faced by the accused, have no ability to compel the accused to attend court, lack known places of work or proper places of residence.

“Prosecution objects to the application and we find that all the sureties in this case are not substantial. Your worship, section 77 (a) of the Magistrates Court’s Act, Cap 19, says that in considering bail, the nature of the accusation should be considered by court and not ignored. All the accused persons in this case stand charged with four counts,” she said.

Ms Kitimbo added, “Under count one, on conviction the sentence is Shs100 million as a fine or four years imprisonment, count two is also Shs100 million or four years, count three is 14 years and count four carries the same as count one and two. It is therefore, very vital that the sureties measure up to this financial muscle. Shs200 million isn’t a piece of cake and therefore, they should be able to forfeit monies to that equivalent should the accused persons jump bail,” she argued.

The magistrate deferred court proceedings to Wednesday when she will make a ruling on their bail application.
“I have heard all your submissions, I have heard your reply, I need the record to be typed so that I can be able to deliver my ruling. I have asked my clerk to have the record typed so that I can be able to deliver my ruling on Wednesday because you have made all your submissions but I also need to look at every document you have presented,” the magistrate said.

Charges
The state told court that Kananura, Nkahirwa, Mpomba, Muhwezi and others still at large dealt in 300 Goldish Mineral bars containing minerals to wit Zinc, Copper, Iron, Tin and Molybdenum in different proportions, without the mineral dealers license.

On the second charge of Aiding or assisting illegal operators of minerals contrary to section 251 (1) (C) and 3 of the mining and Minerals Act, Cap 159, court heard that Mujjuzi, Bekalaze and others still at large aided Kananura, Nkahirwa, Mpomba and Muhwezi to deal in 300 Goldish Mineral bars containing minerals to wit Zinc, Copper, Iron, Tin and Molybdenum in different proportions, without the mineral dealers license.

On the third count of Attempting to smuggle, contrary to section 301 (1) and 299 (3) of the penal code act cap 128, court heard that on the fateful day, Kananura, Mpomba, Muhwezi, Nkahirwa and others still at large were found attempting to transport the said 300 Goldish Mineral bars outside Uganda without the required license.

On the fourth count of mingling minerals with intent to defraud contrary to section 267 (1) (b) of the Mining and Mineral Act, Cap 159, Kananura, Mpoma, Muhwezi, Nkahirwa and others still at large with intent to defraud, mingled minerals to wit, Zinc, Copper, Iron, Tin and Molybdenum in different proportions, and disguised the same as gold bars.