Former PS Ssali, co-accused MPs advised on plea bargain

Kampala, Uganda | THE INDEPENDENT | The High Court in Kampala has advised former Permanent Secretary in the Ministry of Trade, Geraldine Ssali Busuulwa, and five of her co-accused, including members of Parliament, that they may consider a plea bargain for the fraud-related offenses against them.

Geraldine, along with Igara East MP Michael Mawanda, Elgon County MP Mudimi Wamakuyu, and their Busiki County counterpart Paul Akamba, is accused of conspiring to defraud Buyaka Growers Cooperatives Society Limited of more than 3.4 billion shillings.

The group is jointly charged with Leonard Kavundira, the Principal Cooperative Officer in the Ministry of Trade, and City lawyer Julius Kirya Taitankoko.

On Tuesday, the group appeared before High Court Anti-Corruption Division Judge Jane Okuo Kajuga for the first time after being committed by the Magistrates Court to stand trial following the completion of investigations. The charges were read to them afresh, and they all denied the charges.

The Court heard that Michael Mawanda, Wamakuyu Mudimi, Paul Akamba, Kirya, Kavundira, and Geraldine Ssali conspired to defraud 3.4 billion shillings intended as compensation for Buyaka Growers Cooperatives Society Limited, based in Bulambuli District. The alleged crimes occurred between 2019 and 2023.

The Court also appointed assessors in the case: Clemensia Nabudde, John Martin Ofwono, and Rehema Babirye. As is customary, the assessors took an oath to advise the court on this pending case to the best of their knowledge.

However, the defense lawyers reported issues with the evidence provided by the State on flash disks. Some lawyers, including Caleb Alaka, mentioned that the flash disks couldn’t open, while others said the contents were faint and of poor quality. Mwesigwa Rukutana, another lawyer, said his files were accessible. The prosecution, led by Edward Muhumuza, requested about two weeks to provide clearer copies before the accused proceed with their bail applications.

Before addressing the bail applications, the Judge informed the accused that the High Court Anti-Corruption Division has an arrangement for a plea bargain. A plea bargain allows an accused person to accept the charges against them in exchange for a lighter sentence. Justice Kajuga advised the accused to review the evidence once it is fully provided and consider if a plea bargain is an 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 tomorrow.

The applicants’ lawyers, led by Caleb Alaka, argued for bail, citing precedents from 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 MPs 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 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, Chairman of the Haba Group of Companies, which they state is worth 520 million dollars, as sureties. Mawanda’s other sureties include MP Derrick Kabuura for Ishaka Municipality, Jaffer Basajjabalaba, Chairperson LC5 for Bushenyi District, Birungi Peter Bagwa, and Fred Twinomugisha Mbika.

MP 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. Lawyer Kirya Taitankonko presented his brother Shimon Kirya, Mahadi Joel Musoga, a Financial Officer, Yusuf Waiswa, a Lecturer at MUBS, and Edward Kabayi, a retired employee of UNBS, as his sureties. The applicants emphasized that they will not abscond from trial once released.

In response, the prosecution, led by Edward Muhumuza and Raymond Mugisa, opposed the bail applications of MPs Mawanda, Akamba, and Mudimi Wamakuyu, arguing that they 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 Magistrates Court with money laundering, a capital offense 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 offenses 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 LC1 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 Friday, August 30th, 2024. The pretrial hearing of preliminary issues has been scheduled for October 23rd, 2024, with the main trial set to begin on November 4th, 2024.

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