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Kampala, Uganda | GODFREY SSALI | Anti-Corruption Court Judge Margret Tibulya has maintained that the three convicted former officials of Ministry of Public Service will not stand trial while coming from home.
The judge took the decision Friday by denying bail to former Permanent Secretary Jimmy Lwamafa, Principal Accountant Christopher Obey and Commissioner Compensation department Stephen Kiwanuka Kunsa, for the second time, the first being in August, 2015.
The judge ruled that the medical report presented by the suspects, dated two years back, means the prison authorities have satisfactorily handled their health conditions and will continue to do so.
Justice Tibulya also noted that most of the evidence against them in the pending case is on record and the accused convicts have a clear understanding of its outcome.
The judge said the decision by the Court of Appeal to grant them bail, was in the context of a crowded court calender to handle their appeal, while the Anti-Corruption court has always and is ready to expedite the disposal of their case.
On issue of Bob Kasango a co-accused having been granted bail in the case before court, Justice Tibulya noted that this is the very reason why the case has delayed because Kasango did not turnup in court on July 18 as ordered, and no reason was given for his abscence, plus the fact that he got this bail before being committed for trial.
In the pending case they are alleged to have connived with city lawyer Bob Kasango, to defraud government of another sh15 billion.
They have been sent back to Luzira prison until August 10, to resume trial.
In November last year the trio were convicted and sentenced to 7, 10 and 5years respectively for illegular budgeting of sh88 billion as NSSF for public servants, well knowing that these do not contribute to the fund.
John Isabirye of Isabirye and Company Advocates one of the Lawyers expressed dissatisfaction with the court ruling but could not tell the next cause of action.
