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Kampala, Uganda | THE INDEPENDENT | The Criminal Investigations Directorate is concerned over the increasing failure by bigwigs to comply with criminal summons.
CID spokesperson Charles Twine says that many people especially those holding public offices are increasingly dodging summons even when they are delivered to them, their personal assistants or their superiors. He cited politicians, officials from different government ministries and departments, security officers, and well-established business persons.
Twine cites Adjumani Chief Administrative Officer (CAO), Michael Wanje, who has been summoned twice for embezzling 400 million Shillings during his service in Apac district but he adamantly refused to show up at CID to record a statement. Wanje and four others are accused of creating non–existing arrears for teachers and health workers.
CID arraigned the four officials before the anti-corruption court on December 15, 2021. They included Paul Tonney Ekwang, the Chief Finance Officer, Sam Sammy Atim, the Acting District Education Officer, Patrick Ebony, the Senior Accounts Officer, and Tom Adoko, the Human Resource Officer.
“This crime was committed when he was CAO for Apac but he was later transferred to Adjumani. He was summoned in December last year and he did not show up. He was summoned again to appear on January 13, but he did not show up,” ASP Twine explains. A criminal summon is an order issued to a person to appear to authority or court to attend to a crime or allegations made against them.
In most cases, a summon is applied for by the prosecutor when the accused person doesn’t appear in court where he/she has been charged. The summons bear the court reference number, signature and seal of the issuing court clearly indicating the allegations against the accused as well as the time and date of appearing.
“Whereas this is one of the practices in the criminal justice system, CID has learnt that across-section of people has deliberately disregarded the summons with the flimsy excuse that they have appealed the first opinion of having them charged to court to the DPP for consideration of rescinding/reversing the decision,” says ASP Twine.
CID adds that failure by suspects to honour summons has contributed to a case backlog. This is a collaboration with the failure of key witnesses to appear to testify against the accused, police say it results in case backlog. Away from Wanje, another person who defied summons is Joan Asiimwe, who is involved in the embezzlement of teachers’ money. ASP Twine explains says they are being forced to issue arrest warrants for such errant officials since it is the last resort.
Records of CID show 14,825 cases recorded in the year 2020 could not be investigated to a conclusion due to people disrespecting summons and witnesses not turning up. Some of the cases where people were summoned in 2020 but did not show include Gen Henry Tumukunde. He had been summoned for allegedly meeting army veterans and engaging them in politics.
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