Justice Lawrence Gidudu of the Anti-corruption Court’s has this morning found a prima facie case against seven people including former works Minister Abraham Byandala, who are accused of swindling Shs. 24.7 billion meant for construction of the Mukono Katosi Road.
Justice Gidudu judge based this ruling on the evidence which the prosecution produced through 23 witnesses pinning the suspects and therefore they must file their defenses on the all allegations brought against them.
“In conclusion, court is not evaluating evidence at this stage but according to the evidence that has been adduced, prosecution has made a prima facie case against all the accused,” the judge ruled.
Defense lawyers had submitted to court, claiming that their clients have no case to answer but justice Gidudu said their documents left a lot to be desired.
Mr Byandala who was dropped from cabinet in March 2015 is charged jointly with businessman Apolo Senkeeto alias Mark Kalyesubula who was the country representative of Eutaw Construction Company, which is accused of fleecing UNRA Shs24.7 billion in the collapsed Katosi road contract.
Other suspects include former UNRA acting executive director Eng Berunado Ssebbugga Kimeze, Mr Joe Ssemugooma (former director of finance and administration), Mr Wilberforce Senjako (former regional accountant) and Mr Isaac Mugote (former staff of Housing Finance Bank).
Prosecution told court that Byandala abused his office while holding the Works ministry, when in a November 14, 2013 letter he directed the immediate signing of the contract between UNRA and Eutaw yet the company lacked capacity to carry out the road works.
The IGG, who is prosecuting the case, also states that Byandala in another August 27, 2014 letter further abused his office by ordering the continuation of the works on the Katosi road by Chongqing International Construction Company. The IGG contends that this act also amounted to disobeyed lawful orders by Byandala.
The IGG alleges that Mr Kimeze abused his office when he signed a contract with Eutaw without establishing that there was a valid performance guarantee and issued a payment guarantee which allowed the payment of over Shs24 billion to the detriment of UNRA’s interests.
Mr Kimeze is separately and jointly charged with Mr Semugooma over causing financial loss to the government by approving payment of the Shs24 billion to Eutaw despite glaring defects in the due-diligence report.
