Mr Asubo also informed the court that he is now prosecuting the trio as a public prosecutor under the Director of Public Prosecutions following the Constitutional Court ruling that put a freeze on the Inspectorate of Government for not being fully constituted and could not prosecute the ministers.
The state has asked the lower court at the Anti-Corruption Court Division to forward to its High Court Division, the case file in which three ministers accused of abuse of office and causing financial loss of Shs14bn ahead of the Chogm summit in 2007 to stand trial.
Mr Sydney Asubo, the state prosecutor in this matter, informed trial Chief Magistrate Irene Akankwasa that he has instructions to have ministers Eng. John Nasasira, (General Duties Office of the Prime Minister), Sam Kutesa (Foreign Affairs) and Mwesigwa Rukutana (State Labour) committed to the high court for trial.
Mr Asubo also informed the court that he is now prosecuting the trio as a public prosecutor under the Director of Public Prosecutions following the Constitutional Court ruling that put a freeze on the Inspectorate of Government for not being fully constituted and could not prosecute the ministers.
However, their case file could not be forwarded to the high court as requested by the state as one of the accused Mr Kutesa was abroad on a routine medical checkup.
Citing the Magistrates Court Act, Kutesa’s lawyer Mr Didas Nkuruziza, urged that the law demands that an accused person cannot be committed to the high court for trial in their absence.
Mr Nkuruziza further argued that the law demands that accused person is required to be present in court to be given a copy of the indictment and the summary of the case with its be read to him to understand.
Trial Chief Magistrate concurred with the submissions of the defense lawyers before adjourning the matter to September 25 when Mr Kutesa will be physically present in court for purpose of their committal to the high court to stand trial.
Prosecution alleges that while performing their duties, the ministers did, in abuse of authority, irregularly convened a consultative cabinet meeting and decided that the government would fully fund the construction cost of the drive ways, parking areas and marina at Speke Resort Munyonyo hotel, which decision caused the government a loss of Sh14 billion.
The Hotel owned by tycoon business man Sudhir Ruparelia, was among the hotels to house the visiting Presidents who were to attend the Chogm summit.
They deny the charges.
Today’s court appearance by the ministers, comes after over seven months of the same matter had been halted after the ministers challenged the powers of the Inspectorate of Government from prosecuting them before the Constitutional Court that ruled in their favor.
