The High court in Kampala has advised Geraldine Ssali Busuulwa, the former permanent secretary in the ministry of Trade, and her five co-accused to consider a plea bargain in their ongoing case involving fraud-related offences.
The group, which includes Igara East MP Michael Mawanda, Elgon County MP Mudimi Wamakuyu, and Busiki County MP Paul Akamba, is accused of conspiring to defraud Buyaka Growers Cooperatives Society Limited of over Shs 3.4 billion. During their first appearance before justice Jane Okuo Kajuga, after being committed to trial by the Magistrate’s court, the charges were read afresh, and all accused parties denied them.
The court heard that the alleged crimes occurred between 2019 and 2023 and involved a fraudulent scheme to misappropriate funds intended as compensation for Buyaka Growers Cooperatives Society Limited in Bulambuli district. Defense lawyers raised concerns about the quality of evidence provided by the state, including issues with unreadable or inaccessible files on flash disks. The prosecution requested two weeks to provide clearer copies of the evidence.
Justice Kajuga informed the accused about the possibility of a plea bargain, which allows defendants to plead guilty in exchange for a lighter sentence. The judge advised them to review the evidence thoroughly before considering this option. After handling this matter, the court heard three of the six bail applications. The applications of MPs Mawanda, Akamba, and lawyer Taitankoko were heard, while those of Ssali, Kavundira, and Mudimi Wamakuyu will be heard today Wednesday.
Defense lawyers, led by Caleb Alaka cited bail precedents by the Anti-Corruption court. Alaka specifically referenced justice Kajuga’s ruling in the case of human rights activist Nicholas Opiyo, where she stated that bail could be granted without proof of exceptional circumstances. Alaka emphasized that Mawanda and Akamba have parliamentary duties and constituents to serve.
Alaka noted that Taitankonko, a seasoned lawyer with over 20 years of experience, and the trio, who have spent 67 days on remand, have permanent residences and substantial sureties who fully understand their obligations. He assured the court that the accused are eager to clear their names and attend the trial, as absconding would result in losing their parliamentary seats, especially with elections nearing.
He also highlighted the severe consequences Taitankonko would face if he absconded, including losing his right to practice law. To support his bail application, Mawanda presented a land title for his Kololo-based home, which lawyers said is valued higher than the case against him, and Hajji Hassan Basajjabalaba, chairperson of the Haba Group of Companies, which they state is worth $520 million, as sureties.
Mawanda’s other sureties included MP Derrick Kabuura for Ishaka Municipality, Jaffer Basajjabalaba, chairperson LC V for Bushenyi district, Birungi Peter Bagwa, and Fred Twinomugisha Mbika. Akamba presented Buzaya County MP Martin Mugabi Muzaale, MP Robert Kasolo for Iki Iki County, and Iganga District Woman MP Sauda Kawuma as his sureties.
Taitankonko presented his brother Shimon Kirya, Mahadi Joel Musoga, a financial officer, Yusuf Waiswa, a lecturer at Makerere University Business University (MUBS), and Edward Kabayi, a retired employee of UNBS, as his sureties. The applicants emphasized that they would not abscond from trial once released.
In response, the prosecution, led by Edward Muhumuza and Raymond Mugisa, opposed the bail applications arguing that the accused have not demonstrated exceptional circumstances to be released on bail. Relying on an affidavit by Viola Tusingwire, Muhumuza contended that the applicants were initially charged in the Magistrate’s court with money laundering, a capital offence requiring bail applications to be made in the High court, as established in the Molly Katanga case.
Muhumuza emphasized the gravity of the charges, noting that the offences carry a potential 10-year jail sentence and involve the loss of substantial sums of money. He referenced the case of MPs Mutembuli and two others (MPs Namujju and Akamba) where justice Lawrence Gidudu set a precedent for requiring exceptional circumstances to grant bail, particularly when significant assets are involved.
Regarding sureties, Muhumuza stressed that applicants must demonstrate financial capacity to meet bond terms. He noted the government’s significant financial losses and the need for asset recovery as critical considerations for the Anti-Corruption court.
Muhumuza further pointed out inconsistencies in the sureties’ residences and unsigned introduction letters from the LC I chairperson. He also highlighted that Mawanda’s attached certificate of title is a duplicate with an existing mortgage and encumbrance.
The prosecution thus urged the court to dismiss the three bail applications and prioritize the trial over granting bail, given the large sums of money lost and the impact on the vulnerable individuals who were the intended beneficiaries of the stolen funds.
The accused have been remanded until August 30, and the pretrial hearing is set for October 23, with the main trial scheduled to begin on November 4, 2024.
