Through his lawyers of M/S Nakachwa and Co Advocates, Bakaleke argues that it is an abuse of discretion for the DPP and against public interest to institute charges against him without sufficient and crucial evidence on file. The lawyers also argue that they have proof that the police file, which the DPP is using, doesnt have statements of the victims on how matters unfolded.
The Civil Division of High Court has dismissed an interim application by Assistant Commissioner Police, Siraje Bakaleke seeking to block his trial before the Anti-Corruption Court together with eight others for fraud, conspiracy to commit a felony, kidnap, abuse of office and obtaining money by false pretense.
The other suspects are Paul Wanyoto Mugoya, Nabeta Samuel Mulowooza, the Managing Director Eye Power Engineering Company and Police Officers Robert Munezero, Innocent Nuwagaba, Robert Ray Asiimwe, Junior Amanya, Babu Gastavas and Kenneth Zirintuusa. The group is accused of extorting US$ 1.5million (about Shillings 1.4 billion) from Park Seunghoon and Jang Shingu Un, both South Korean nationals who had come to Uganda to buy Gold early this year.
The group allegedly connived and arrested the South Koreans at Acacia mall where they were expected to meet their lawyer, Paul Wanyoto. Recently, the Director of Public Prosecutions sanctioned the suspect's file for trial. As a result, Bakaleke petitioned the High Court Civil Division to block their trial before the Anti-corruption court, saying the file lacks sufficient evidence implicating him.
Through his lawyers of M/S Nakachwa and Co Advocates, Bakaleke argues that it is an abuse of discretion for the DPP and against public interest to institute charges against him without sufficient and crucial evidence on file. The lawyers also argue that they have proof that the police file, which the DPP is using, doesn't have statements of the victims on how matters unfolded.
On Tuesday morning, Bakaleke's lawyer, Sarah Nakachwa asked court to halt the proceedings in the Anti-Corruption Court until the main application is dissolved in court. In the main application, Bakaleke wants court to stop the proceedings in the Anti-Corruption Court until the DPP has gathered enough evidence to use in the trial.
However, the Attorney General who is the respondent in suit was no show in court. In his ruling, Justice Musa Sekaana said in the interest of justice, the Attorney General and the DPP should be served with hearing notices given that they are the decision makers whose powers are being challenged.
Sekaana noted that that the applicant made an oral application without sound reasons and sufficient evidence to support it. He dismissed the interim application, saying his court shall not issue orders not grounded on the law and the prevailing circumstances.
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He adjourned the matter to October 11th, 2018 for the mention of the main application. The Anti-Corruption court has already summoned Bakaleke and his co accused to appear on October, 5th, 2018 to plead to the charges.