Quantum Logistics boss Mathew Kanyamunyu (39) who battles murder charges together with his Burundian girlfriend Cynthia Munwangali(26) and his brother Joseph Kanyamunyo(40) have asked court to release them on bail.
Through a team of lawyers led by Ronald Muhwezi and Innocent Kabumwisha, pilule http://cinselistekartirici.org/wp-content/plugins/jetpack/json-endpoints/class.wpcom-json-api-post-v1-1-endpoint.php the accused told court presided over by Justice Elizabeth Kabanda that it is their constitutional right to be released on bail because they are presumed innocent until proven guilty.
“The duty of court is to ensure the suspect appears for trial once granted bail but not denying it to him, http://citybreakguide.ro/wp-content/plugins/jetpack/class.jetpack-autoupdate.php ” Muhwezi told court citing Article 23 of the Constitution.
“They (accused) are responsible members of the society who also hold key positions and have fixed places of abode.”
The lawyers argued that Kanyamunyu and his co-accused cannot jump bail because they have fixed places of residence with in Uganda where court can trace them in case of anything relating to their case.
The defense lawyers also told court Kanyamunyu’s girlfriend Cynthia Munwangari is one of the founders of ‘Obumwe’ an NGO registered in Uganda and cannot therefore jump bail.
The lawyers presented 4 sureties to stand for each of the suspects and among these included Eng.Winnie Byanyima, http://collegenotester.com/applications/vanilla/views/settings/addcategory.php wife to Dr.Kizza Besigye ,Hon.Ghad Kasatura, Moses Karuhanga, Edith Byanyima, Martha Byanyima, Peter Muhinda, Stella Karuhanga, Kaijuka Kanyamunyu and Julius Kanyamunyu; all of whom are related to the 3 accused.
Winnie Byanyima was addressed as an aunt and guardian to the Kanyamunyus whereas the other sureties were referred to as in-laws to Munwangari.
“Since these are relatives to the applicants, there will be no situation where they will abandon them for trouble,” the lawyers told court.
The state prosecutor Samalie Wakooli however expressed discomfort with granting bail to the accused by punching holes into their arguments for the application.
She explained that it was the duty of court to protect the society from wrong elements like the accused.
“It is the duty of this court to protect the society from lawlessness and impunity,” the State Principle Attorney told court.
“There is no exceptional circumstance to warrant their release because they are still young and energetic and can therefore withstand prison conditions.”
The state prosecutors said that Mathew Kanyamunyu has a valid France visa which they said can easily be used to abscond and jump bail by using his influence to get another passport.
On Munwangari, Wakooli said that she has a Burundian passport and one for Rwanda which the state lawyers said can be used at any time to jump bail.
“Like in October, she used a Burundian passport to enter Uganda and a month later in August; she exited using the passport for Rwanda. There is likelihood of absconding because she is not a Uganda.”
On being one of the founders of an NGO here in Uganda, the state lawyers said there are no documents to prove this revealing that Munwangari works for Kanyamunyu’s company. This they corroborated with her work permit that they said expires in 2017.
The lawyers also accused Joseph Kanyamunyu of being untrustworthy after presenting an LC letter introducing him dated November 15 yet he was arrested on November 18.
“This shows that he knew he had committed a crime and prepared the documents even before his arrest,” Wakooli argued.
The lawyers also downplayed the sureties including Oxfarm boss Winnie Byanyima as not being substancial despite being prominent people in the society.
“Being important persons in the society does not make them substantial. A substantial surety is one who will comply with the bail conditions but in this case these sureties work outside the country and the court has no jurisdiction over them,” Wakooli explained asking the judge to throw out their bail application.
The judge adjourned the case to today (Tuesday ) evening to give her ruling on the bail application.