Jailed lawyer Hassan Male Mabirizi, has asked the Court of Appeal to have him released pending the hearing of his appeal challenging the 18 months jail term.
Mabirizi was arrested on Monday near Kyambogo University following last week’s directive by High Court Judge, Musa Ssekaana, after finding him guilty for contempt of court for the second time, challenged the decision.
However, before the Appeal Court could hear Mabirizi’s application to stay execution of the lower court’s order, he was arrested and sent to Kitalya Prison, which he says was an unconstitutional move.
Through his lawyer, Isaac Ssemakadde, Mabirizi asked the court presided over by Justice Christopher Izama Madrama to immediately order for his release citing that it was an illegal, unconstitutional move for his arrest while there are pending appeals which he needs to prosecute himself.
“Your honor it is within your discretion not to lock out a citizen crying out for justice for merely questioning the impartiality of a judicial officer, I only came on a rescue mission for Mr Mabirizi,” Ssemakadde said.
Court further heard that Mabirizi can still be taken back to Kitalya and serve his sentence if found guilty, as the sentence is a non-perishable commodity which can be served any time thus his arrest and subsequent committal be rendered inconsequential.
“The right thing Justice Ssekaana would have done was to fix Mabirizi’s several applications to stay the orders on time before his arrest as he questions the nature of jail sentence as being either civil or criminal,” Ssemakadde said.
However, state attorney Patricia Mutesi objected to Mabirizi’s application of setting him free and advised that he instead applies for bail, saying that he was found guilty of criminal contempt of Court.
“When one is found guilty of criminal contempt of court, the best remedy one can seek pending appeal is bail but not stay of execution. There is also a court order and until it is set aside, it remains in place,” Mutesi submitted.
Justice Madrama has now set February 25 to decide on whether to release Mabirizi or not.
Meanwhile Ssemakadde has also since been summoned to appear before the Criminal Investigations Department of Police headquarters in Kibuli on February 28 to record a statement in regards to abusing Justice Ssekaana.
Last month the same judge issued an order requiring Mabirizi to pay a fine of Shs300m for attacking judicial officers.
