Africa-Press – Uganda. The Supreme Court yesterday said it will render its judgment in which the Attorney General is seeking to overturn an earlier directive by a lower court to stop the Director of Public Prosecutions (DPP) from prosecuting jailed former principal accountant in the Office of the Prime Minister, Geoffrey Kazinda, by way of piece-meal method.
This was after a panel of five justices led by Chief Justice Alfonse Owiny-Dollo yesterday heard the submissions by officials from Attorney General’s chambers on behalf of the DPP and Kazinda, who represented himself in court.
The appeal by the Attorney General on behalf of the DPP arose out of a majority ruling of the Constitutional Court of 4:1 that declared that the successive criminal trials against Kazinda with similar facts, were null and void before ordering his discharge.
The jurists further noted that the numerous trials for offences similar in character amounts to a deprivation of the right to a fair hearing as the same should have been brought at once in one file, and not by way of a piece-meal method.
Kazinda contends that the State has set up criminal cases against him in a chain, which action he says contravenes his right to a fair hearing enshrined in articles 28 (1) (3),a, c, d and 44 c of the Constitution.
He also complains that he is never accorded adequate time to prepare his defence and yet he has faced an average of one completed case per year or three concurrent trials per year.
This, he said, exposes him to inadequate time to effectively prepare for his defence owing to the fact that two or three matters are litigated at the same period. But being dissatisfied with the decision of the Constitutional Court, the Attorney General appealed before the Supreme Court, the highest and final court in the land, leading to yesterday’s submissions.
Government’s defence
In their submissions yesterday, Mr Richard Adrole from the AG’s chambers denied prosecuting Kazinda by way of piece-meal method.
“My lords, the cases against the respondent (Kazinda) as outlined above were premised on different transactions/time/facts, therefore it cannot be said that they have substantial identity,” Mr Adrole submitted.
He added: “The evidence of each of those case was so dissimilar as to enable a common conviction.”
In rebuttal, Kazinda, who currently is in Luzira prison serving a jail term of up to 25 years following his successive convictions in the string of corruption charges, insisted that his rights to a fair hearing are being violated as the DPP prosecutes him in a piece-meal method, amounting to double jeopardy.
Contention
Argument
Kazinda contends that the State has set up criminal cases against him in a chain, which action he says contravenes his right to a fair hearing enshrined in articles 28 (1) (3),a, c, d and 44 c of the Constitution.
He also complains that he is never accorded adequate time to prepare his defence and yet he has faced an average of one completed case per year or three concurrent trials per year.
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