Matembe is safer in prison - State prosecution tells court

State prosecutors on Tuesday opposed Dr Miria Matembe's application for bail, telling the Luzira Magistates court that the former minister would be "better or safer"  in prison

The State lawyers led by Maria Kulusum based this argument on Mrs Matembe’s own submission that she had fled her own home when it was raided by the military last week.

Matembe, 73, appeared before the Luzira Grade One Magistrate's Court seeking release on bail after being charged with promoting sectarianism.

In submissions led by state prosecutors, the prosecution argued that Matembe had failed to satisfy key requirements for bail, including proving a fixed place of residence.

"From her own evidence, she says she had her home scaled by security operations and she was forced to flee from the home," the prosecution told court.

"If she has run away from her home and is hiding in homes which we don't know, that means she has no place of abode, which is a requirement for granting bail. Where will she stay if she feels her home is not safe? Perhaps where she is (prison) is even better or safer for her."

The prosecution also faulted the defence for failing to present Matembe's National Identity Card or passport.

"Only a letter from the Local Council has been presented. Such documents are important because they assist the court. The passport comforts us that the person will attend court," the Kulusum told the court.

She further submitted that advanced age alone was not an exceptional circumstance that automatically entitled an accused person to bail.

"Courts have in the past held that such exceptional circumstances are not mandatory grounds to grant bail," prosecutors said.

They State also argued that Matembe's conduct in court raised concerns that she could commit similar offences if released.

"We have observed her character in court and we fear that while out on bail, she is likely to continue using words amounting to committing offences," the prosecution submitted.

Matembe's legal team, led by Samuel Muyizzi and Stephen Kalali, asked the court to release her on bail, citing her age, health and willingness to stand trial.

The lawyers told court that Matembe suffers from back pain and requires medical attention.

"At 73, the accused is of advanced age and visibly frail, having reported back pain that requires medical attention," they submitted.

The defence also argued that Matembe posed no flight risk and had demonstrated her willingness to face the justice system.

"Despite the opportunities to leave the country during the time she was in hiding following the raid on her home, Dr Matembe remained in Uganda. She has pleaded not guilty. Her actions affirm that she will honour court summons," the lawyers said.

Her legal team also dismissed the prosecution's argument that she had no known residence.

They told court that Matembe has a well-known matrimonial home where she had lived peacefully before security operatives raided the property, forcing her into hiding.

Four prominent Ugandans stood surety for the former minister. They included Amuru District Woman MP Lucy Akello, Rushenyi County MP Naome Kabasharira, women's rights activist Prima Kwagala and governance advocate Godber Tumushabe.

Matembe was charged on June 30 with promoting sectarianism over remarks she allegedly made during a television interview. She denied the charge.

By publication time, the magistrate had not yet delivered a ruling on the bail application.