One of the state prosecutors in the case where Bobi Wine is being charged with leading a social media tax protest last year has contended that the sureties presented before court to bail out Kyadondo East Member of Parliament are not substantial, and particularly regarding Hon. Miria Matembe said she isn’t fit to stand surety because at 64 years she is too old.
According to the prosecutor, at 64 years of age, the first surety and former Ethics Minister Miria Matembe is of advanced age that makes him not capable convincing the accused to return to court.
“Hon. Miria Matembe is not a Member of Parliament. From records before court is 64 years old. Prosecution submits that she is of advanced age and not visibly capable of ensuring the accused adheres to the orders of court,” Prosecutor said in his submission.
With the rest of the sureties being MPs, the prosecutor said that they can’t really be relied on to ensure Bobi Wine adheres to court orders, because they are of the same ‘standing’ as him –just MPs. The prosecutor said the MPs can only request but not compel the accused to appear in court, but lack the assertive authority to compel him .
“They are equals of the accused and have no legitimate authority over the applicant. All sureties presented don’t pass the substantiality test,” he said.
In his submission the prosecutor said that for a person to qualify as a substantial surety, consideration is not merely based on status and prestige. He asserted that the sole consideration should be capability of compelling the accused person to appear in court.
