Rédaction Africa Links 24 with The Observer
Published on 2024-02-02 14:33:04
The state is urging the Anti-Corruption court to dismiss an application made by the minister for Karamoja Affairs Mary Gorreti Kitutu Kimono. She had been seeking to halt her criminal trial over the iron sheets scandal. Kitutu’s trial was challenged in 2023, shortly after she was charged for diverting over 10,000 iron sheets from the intended Karamoja Community Empowerment Program. Her grounds for challenging the trial were that she had been tortured while in state custody and that her trial should be halted on that basis.
Minister Mary Goretti Kitutu
In November 2023, lady justice Jane Okuo Kajuga dismissed Kitutu’s application because it lacked substantial evidence and contained falsehoods. This decision was based on consistent statements from police officers that the minister was not subjected to any form of torture or coercion, contrary to her claims. Following this dismissal, Kitutu filed an appeal against the decision and also submitted another application seeking to stay proceedings in the High Court pending the determination of the appeal. The matter was scheduled for a ruling on February 8 but was adjourned.
The attorney general, relying on an affidavit by state attorney Ann Kiiza, stated that the minister’s appeal has no likelihood of success and that she has not demonstrated a prima facie case with the possibility of success. Kiiza argued that Kitutu’s appeal doesn’t have plausible or persuasive grounds to alter the ruling of the court. She also emphasized that no extraordinary circumstances have been illustrated to warrant the stay of criminal proceedings and that the case against Kitutu is of public interest.
According to Kiiza, criminal proceedings involve public interest and take precedence over civil matters which are individualistic. She insisted that the Constitution requires a fair, speedy, and public trial in criminal matters, and that Kitutu will be granted the same because the hearing of her case is scheduled for February 12, 14, and 15, 2024.
The state contends that delaying the criminal trial will substantially affect the evidence in the form of exhibits, which are likely to be tampered with, as well as the witnesses involved. They argued that the state’s injuries are irreparable compared to the injuries that would be suffered by Kitutu, and that the balance of convenience lies in favor of the respondent.
The state also contended that the stay of proceedings pending the disposal of a civil appeal is not envisaged under the Human Enforcement Act after the decision has been rendered. It is worth noting that the prosecution has levied two separate criminal files against Kitutu in less than a year. The first file involves her implication in the diversion of iron sheets in the Office of the Prime Minister (OPM), while the second file accuses her of causing a Shs 1.5 billion financial loss.
In 2023, parliament conducted investigations into the supplementary funds, referring the matter to the Director of Public Prosecutions (DPP) and Criminal Investigations Department (CID) for action. Ultimately, the government strongly argues against halting the criminal trial and emphasizes the importance of the case as a matter of public interest.
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