The Director of Public Prosecutions (DPP) has urged the High Court’s Criminal Division in Kampala to reject the bail application filed by Hajji Ali Mwizerwa, who faces charges of defiling his 14-year-old stepdaughter.
In a 25-page written submission signed by senior state attorney Timothy Amerit, the DPP laid out its reasons for opposing the bail request ahead of the next court hearing on November 26, 2024.
Mwizerwa, arrested on September 30, 2024, at Kajjansi Police Station, was initially detained for seven days before being transferred to Nateete Police Station for an additional four days. He was formally charged with aggravated defilement on October 11, 2024, and remanded to Kigo Prison.
In his bail application, Mwizerwa argued that he had no prior criminal record, and pointed to delays in the case, with the prosecution informing the lower court on October 30, 2024, that investigations were still ongoing. He also noted that his family had suffered significant mental, psychological, and financial strain due to his arrest.
Mwizerwa contended that as a law-abiding citizen with a permanent residence in Bulenga-Kikaaya A Zone, Ssumbwe Parish, Wakiso District, and Bweya, Kajjansi Town Council, he should be granted bail under his constitutional right to the presumption of innocence.
He further argued that the charge did not involve violence and that he posed no risk of tampering with witnesses or obstructing the investigation. Mwizerwa also cited his health issues, including gastric ulcers and high blood pressure, which he said could worsen if he remained in detention.
He presented sureties he claimed would ensure compliance with the bail terms.
However, the DPP opposes Mwizerwa’s bail for several reasons. First, the prosecution argues that the charge of aggravated defilement is a serious offense punishable by life imprisonment or the death penalty, which increases the likelihood that Mwizerwa might abscond if granted bail.
The DPP also contends that there are no exceptional circumstances to justify his release.
The prosecution raised concerns about the legitimacy of Mwizerwa’s claimed residences in Bulenga and Bweya, stating that they have not been verified.
Additionally, the DPP highlighted Mwizerwa’s alleged ties to Juba, South Sudan, which raise concerns about his flight risk. The prosecution also pointed to Mwizerwa’s international connections and history of living abroad, suggesting that he may not remain in Uganda to face trial.
Further, the DPP questioned the adequacy of Mwizerwa’s sureties, asserting that there was insufficient evidence of their financial capability to meet bail conditions.
The prosecution also emphasized the risk to public safety, citing the victim’s expressed fear for her safety, especially after an incident on October 31, 2024, when she was allegedly attacked by a hostile crowd at Nasser Road, blaming her for Mwizerwa’s legal troubles.
The prosecution also referred to an affidavit from Sabila Abdella, the Officer in Charge of CID at Kajjansi Police Division, who argued that Mwizerwa’s actions warrant a restrictive stance on bail.
Abdella cited Ugandan case law that denies bail for capital offenses to prevent potential harm to public safety and to ensure justice.
In conclusion, the DPP maintains that the seriousness of the offense, the risk of Mwizerwa fleeing, the potential for witness interference, and the high public interest in the case all strongly support denying his bail application.
Mwizerwa’s legal troubles began when his wife accused him of defiling her daughter, leading to his arrest and the ongoing court proceedings.
