The Anti corruption division of the high court was yesterday set to hear the evidence of the first two prosecution witnesses against the state minister for Karamoja Affairs Agnes Nandutu in regards to the diversion of the iron sheets that were meant for the vulnerable people in Karamoja.
…. the accused person is present in court. This matter was fixed for hearing. We have two witnesses and we are ready to proceed,”Chief state Attorney David Bisamunyu told court presided over by justice Jane Okuo.
However the anticipated trial failed to take off.
The minister’s defense lawyers led by Mr Caleb Alaka and Mr Charles Wamukoota Nandaah in a surprise move made an application to block the trial.
The defense lawyers were seeking the court’s order to refer a question to the constitution court for interpretation and also halt the trial.
They argued that the contents of the offence as provided for under the section 21A (1) of the anti corruption Act ,2009 as amended , of dealing with suspect property that their client is facing aren’t well defined as demanded by Article 28 (12) of the constitution.
“ My Lord, I think it’s because of that ambiguity that in the particulars of the offense to which the accused was charged with , another offense is introduced in the particulars. We are saying that penal legislation must be precise and with this kind of offense she is not guaranteed a fair trial,” Mr Alaka submitted.
Meanwhile Counsel Alaka further submitted that this section was broad and that they decided as the legal team to test it by filling a petition before the constitution court.
In addition he said the amended Act that the minister was charged for was intended to prosecute people who deal with property of suspects who have since been convicted by wanting to conceal or hide it.
Meanwhile the chief state attorney Bisamunyu asked the judge to dismiss the application basing on the fact that there was no question warranting a constitutional interpretation.
He further argued that the application by the minister charged ( Agnes Nandutu ) was a delaying tactic to halt her trial yet the constitution calls for a speedy and fair trial.
….. “ most references unfortunately are an escape from justice and clog the justice system and this could be the reason for this very one,”he said.
Meanwhile Mr Bisamunyu further submitted the charges against Agnes Nandutu are not ambiguous as claimed by defense lawyers since they name the charge and also prescribe a punishment of up-to seven years upon conviction or a fine of 160 currency points ( Shs 3.2m ).
In conclusion the presiding judge Mrs Okuo after hearing from both sides set Monday next week to deliver her ruling.
