The Independent Uganda: You get the Truth we Pay the Price
Tororo, Uganda | THE INDEPENDENT | A case of conspiracy to defraud contrary to section 309 of the Penal Code Act Cap 120 brought against the Tororo District Senior Physical Planner and acting Senior Land Manager, Euphausius Omeja Fuor and four others, has been dismissed for lack of evidence.
Tororo Chief Magistrate Doreen Ajuna on November 24 ruled that, “Court hereby dismisses the matter for want of prosecution under section 119(1) of the Magistrate’s court act.”
In her ruling, Magistrate Ajuna said that for the accused persons coming to court for over 5 times without being tried is not fair to them. “Prosecution did not give any fair reason for the delay of the hearing of the 5 accused persons’ matter before court. I find the delay by prosection not finalizing with their investigation a denial to a fair and speedy hearing as enshrined in Articel 28(1) of the constitution.”
“Since 13/05/20222, the 5 accused persons have been reporting to court and prosecution has been praying for adjournaments on grounds that inquiries are still on going. The accused persons reporting to court for over 5 months now without being heard is denial to a right to a fair and speedy hearing.”
Officers from the State House Anti Corruption Unit arrested the five other people from Tororo municipality. They accused them of illegally transferring the ownership of the Lions Children Park into private ownership.
Those arrested for allegedly transferring the ownership of Tororo Lions Children Park to private ownership included Tororo district senior physical planner and acting senior land manager, Omeja Fuor, the former area land committee chairperson, Tom Mauso and three directors of Tororo Lions Club Host Ltd namely Lawrance Wamale, John Dambio and Nelson Googo.
State House accused them of conspiring with the senior lands management officer and the former Chairperson of the Area land committee to allegedly transfer the public land way back in 2015. d
The anti-corruption unit spokesperson, Emmanuel Bunya, said the officials ignored the advice of the secretary of the land commission against changing the customarily owned land to freehold without a title or a letter from the former owner.
The five accused took pleas on May 13, 2022 and were granted bail but have been appearing in court, but the prosecution has been praying for adjournaments on grounds that inquiries are still ongoing.
When they last came to court on 5/10/2022 counsel for the accused persons prayed to court that the mater be dismissed. He argued that Article 28{3}(a) provides for a presumption of innocence while Article 28(1) of the constittuion provides for a right to a fair hearing and speedy trials.
This resulted in Magistrate Ajuna dismissing the matter November 24, 2022 for want of prosecution under section 119(1) of the Magistrate’s court act.
Also arrested in May by offficers from the State House Anti Corruption Unit were the Tororo Town Clerk, Paul Omoko and the Municipal Engineer Francis Okema for the alleged embezzlement of over Shillings 180 million meant for the construction of Kagera Bridge. Court in Tororo also dismissed that case.
