The Kilak county Member of Parliament, Mr Gilbert Olanya on Thursday appeared before Amuru Grade One Magistrate court where he was charged with three counts of inciting violence and threatening violence.
Olanya was arrested on Monday at Pabbo trading cnter and taken to Masindi police station where he was held until Thursday when he was brought to Gulu to be charged.
Court heard that on April 16, 2015 at Apaa trading center, Olanya mentioned intimidating words calculated to cause death to individuals or the community.
Court also heard that on March 5, 2015 at Apaa trading center, Olanya mentioned intimidating words and threatened to kill Mr Omach Anthony Louis, the LCV chairman Amuru.
Court further heard that on 7 September 2015, on Gulu-Juba road, Olanya made statements calculated to incite violence to cause death to an individual or community.
Olanya who was represented by over four lawyers who include Mr Komakech Henry Kilama, Mr Condrad Roy Oroya, Mr Otto Odonga and Mr Anyuru Bernard denied all the allegations.
The defense Lawyers of the Mp applied for court bail to the Grade One Magistrate Court that was being presided over by Mr Okot Edward.
“Since this offence is baillable, we orally apply for bail for our client because he has substantial sureties and lives within the jurisdiction of this court,” Mr Komakech, one of his lawyers told court.
The lawyers presented Woman MP Amuru, Ms Akello Lucy Amuru and Mr Patrick Okello Oryema as his sureties on the first count.
The State prosecutors led by Mr Ponsiano Okello objected the bail application saying, “Objection his worship, these sureties are not substantial because Akello Lucy is only 34 years of age and the accused is 38 years of age while Okello Patrick Oryema is the district chairman Nwoya district and much lower in rank compared to the MP, these suites would not be able to compel the accused to come to court.”
Mr Odonga Otto told court that according to a recently National protocol released recently, a member of parliament is being ranked 17th after the President, Vice-President, Chief Justice, Speaker of parliament among others ,then if is about the rank then as a defense lawyers they will have to look for a minister which would be practically impossible.
Odonga added that Olanya was arrested on Monday by 2:45 pm and was on detention for 86 hours without any trial yet by law he was supposed to have been detained for 48 hours only and denying him bail would be an injustice and a prejudice to the people of Amuru that he represents in the parliament of Uganda.
Anyuru, another defence lawyer challenged the state that the submission of age in reference to surety is not anywhere in the law adding that the law on surety is based on the status of the sureties in society and the nature of the applicant since roles of the sureties does not only stop at compelling the applicant to appear in court but goes as far as repercussions incase the applicant fails to appear in court which all the sureties are already briefed about.
For the other 2 counts the sureties presented were Mr Akol Anthony 42, Mr Atiku Bernard the Ayivu County MP in Arua 38, Mr Christopher Achire 42, MP for Gulu Municipality, Mr Ojara Martin Mapenduzi Gulu district chairman, 31.
This time the state agreed that the sureties were substantial but begged the magistrate to put tougher strings on the bail and suggested a heavy cash bail and further begged court to order the accused MP to always report to the Regional Police commander (RPC) when consulting people in his constituency and also all the sureties to deposit their Passports with the court.
The defence however said that state should know that there are existing laws other than reporting to the RPC like the Public Order Management Act and also told court to be lenient since most of the sureties are politicians who will need their passports for travels abroad all the time to comply with their duties.
In his ruling at about 4:20 Pm, the Grade One Magistrate Mr Okot first warned the fully packed court room not to create any commotion within the court premises.
He directed that the accused pays cash of Shs500, 000 amounting to UShs 1.5million on each count and the sureties given court bond of Shs2 million each on every count.
He also directed Olanya to always consult the Public Order Management Act instead of reporting to the Regional Police Commander every time he visits his constituency.
He also ruled that Olanya appears in court in October the 12, 2015 for mentioning of the case and challenged state to ensure that they have a complete file since state had filed that investigation is still ongoing.
“I have nothing much to say, justice has been done and it clearly tells you that this judge knew his work,” Olanya said after the court hearing.
Olanya was on Monday the 7th September arrested from Parabongo in Amuru district and later transferred to Masindi where he was charged with the crimes.
Acholi leaders like Mr Okello Patrick Oryema, Nwoya LCV , MR Odonga Otto the Aruu County MP and Mr Rom Denis the LCV councilor Lamogi sub county in Amuru camped in Masindi district for 3 days demanding that Olanya be produced in court.
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En myero ocet opim kome maber me nenno ni gin mo pe owane i kare ma obedo i mabwuc Macindi i ot pa lujok ca ni.