Kampala, Uganda | THE INDEPENDENT | Uganda Association of Prosecutors (UAP), an umbrella body that links all prosecutors across the country is protesting the arrest of Edwin Mbabazi, the Kabale District State Attorney over allegations of receiving a small bribe of 125,000 Shillings.
Mbabazi was arrested on Thursday by a team of detectives from the Inspectorate of Government, following a complaint by a whistleblower from Kyanamira sub-county, Kabale district.
The IGG’s office in Kigezi received a complaint from a resident who alleged that he was dragged to Kyanamira police station last month for criminal trespass. When the whistleblower reported back to the police station, he was informed that his case file had been forwarded to the Resident State Attorney for perusal. He reportedly explained that on checking with the State Attorney’s office, they advised him to return home and relax saying they would contact him on phone.
Mbabazi later allegedly contacted the whistleblower on Monday this week and demanded a bribe of 500,000 Shillings to close the case file. As a result, the whistle-blower contacted the Inspectorate of Government, which commenced efforts to trap Mbabazi.
On Tuesday, the suspect reportedly received a partial payment of 125,000 Shillings as part of the bribe to begin the process of closing the case file. Mbabazi was immediately summoned to the Inspectorate to record a statement but he remained adamant.
As a result, he was arrested according to a statement from IGG, and taken to Kampala to appear before an Anti-Corruption court.
However, the Uganda Association of Prosecutors through their General Counsel, Timothy Emerit, on Friday released a statement protesting Mbabazi’s arrest. They also protest and condemn the wide and large publication of his arrest in the media saying that it did not follow the due process of law. They say that the act was uncouth and draconian.
The statement reads: “UAP also learnt that Edwin was arrested in the course of performing his professional duties, and his arrest was arbitrary and conducted in a high-handed manner. He has also notified us that the media reports levied against him are false and malicious propaganda aimed at tarnishing his well-reputed name. ‘He has further informed us that he was subjected to record a statement without recourse to the presence of his legal representative. He however expressed resolve to subject himself to the due course of the law with a bid to clear his name and be absolved from all forms of criminality.”
They argue that parading Mbabazi before the media was prejudicial to the tenets of fair hearing, which is the hallmark of the Criminal Justice System. It jeopardizes the sanctity of the entire criminal prosecution and inadvertently tarnishes the image of the suspect before reasonable members of society.
“We in an utmost manner condemn the wide and large publication of such an arrest in the media without following the due process of law…Such conduct was uncouth and draconian. Parading an arrested suspect before the media is prejudicial to the tenets of fair hearing, which is the hallmark of the Criminal Justice System, it jeopardizes the sanctity of the entire criminal prosecution and inadvertently tarnishes the image of the suspect before reasonable members of society”, adds the statement.
According to UAP members, the way Mbabazi was arrested contravenes Articles 27, 40 (2) and Articles 9, 12 of the Universal Declaration of Human Rights, 1995, and Guidelines 4, 21, and 22 on the Role of Prosecutors which safeguard the rights of every person in Uganda from arbitrary and capricious arrests and from being subjected to arbitrary interference or attacks of his privacy.
But Sam Agaba, the Kigezi Regional Inspectorate Officer told our reporter that immediately after Mbabazi received a bribe, they immediately summoned him to the Inspectorate shortly to record a statement but he remained adamant. Agaba also says that the IGG’s office is the one that gave the whistleblower money to send to Mbabazi as a way of gathering enough evidence.
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URN
Criminals protesting the nabbing of their fellow Criminal… These despicable beings have infested our judiciary it is no longer Legitimate. Disbar the vermin.