6th May 2014
An interim order is issued to restrain the Director of Public Prosecutions, his officials or any person acting under his authority or under the respondents authority from charging, prosecuting, arresting or summoning the applicant or its officials either under criminal case No.0010 of 2013, Anti Corruption Division, or amended charges dated March CID HDTRS/E/04/2013 until the application for a temporary injunction is heard and disposed of on June 10, the order reads in part.
High Court in Kampala has temporarily stopped the impending arrest and
prosecution of Cairo International Bank and its general manager in
connection with the alleged theft of Ugx 165 billion pension scam money.
The
order to halt the impending trial was issued by High Court Deputy
Registrar Charles Emuria and directed at the Director of Public
Prosecutions Mike Chibita.
“An interim order is issued to
restrain the Director of Public Prosecutions, his officials or any
person acting under his authority or under the respondents’ authority
from charging, prosecuting, arresting or summoning the applicant or its
officials either under criminal case No.0010 of 2013, Anti Corruption
Division, or amended charges dated March CID HDTRS/E/04/2013 until the
application for a temporary injunction is heard and disposed of on June
10,” the order reads in part.
Prosecution alleges that
the bank and its general manager Mohammed Tarek conspired with five
senior officials in the Ministry of Public Service including its
permanent secretary Jimmy Lwamafa to steal more than Ugx 165 billion of
pensioners’ money by creating 2,605 ghost beneficiaries.
The
bank and its general manager were scheduled to appear before the Anti
Corruption Court for plea taking on charges of theft and conspiracy to
defraud.
The temporary orders were given on Monday in
the presence of the bank’s lawyers Enos Tumusiime, McDusman Kabega and
Tom Magezi. The state was represented by Geoffrey Atwine.
To
that effect, when the matter came up this morning before presiding
Chief Magistrate Sarah Langa Siu, the superior orders of the high court
forced her to halt the trial until the bank’s main application in which
they are challenging their prosecution is determined by the high court.
The
other ministry of public service suspects include; Principal Accountant
Christopher Obey, Senior Accounts Assistant, David Japians Oloka,
Accounts Assistant Stephen Lwanga, Information System Analyst Francis
Lubega and Director Research and Development Stephen Kiwanuka Kunsa
among others.
Lwamafa and group again today pleaded not
guilty to the amended charge sheet that now includes Cairo Bank and its
managing director.
A host of defense lawyers told court
that since there is an order stopping the arrest and prosecution of
Cairo bank and its general manager; it was prudent that the trial
against other suspects of public service ministry be halted until the
application in which the bank is challenging its prosecution at the Anti
Corruption Court is determined.
But the state
prosecutor Barbra Kawuma objected to the same request before asking
court to continue prosecuting the rest of the suspects.
Court adjourned the matter to June 13 for mention of the case and way forward.
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