As the public grapples with the recent collapse of the Shs 165bn pension scam case in the Anti-Corruption court, I find it appropriate to advocate for enhancement of the role of civil society in corruption-related litigation.
At Legal Brains Trust, we see no merit in pointing fingers at Ms Sarah Langa, the chief magistrate of the Anti-Corruption court, who dismissed the pension case on April 14, 2015, on grounds that the state had in the last two years failed to bring even a single witness to testify against the nine suspects.
Unlike Tamale Mirundi, the pugnacious presidential spokesman who berated the whole judiciary for failing pensioners and "spoiling the president's votes", we will not castigate High court judge Benjamin Kabiito for removing Cairo International bank and its managing director, Nabil Ghanem, from the charge sheet of pension scam suspects on January 16, 2015.
Whereas the director of public prosecutions, Mike Chibita, police boss Gen Kale Kayihura and Criminal Investigations and Intelligence Directorate boss Grace Akullo have vowed to have the case reinstated, we do not share in their enthusiasm for a second stab at the justice tree. We know that the obstacles which prevented this case from progressing in the last two years have not been resolved.
For instance, the absence of an independent counsel to present the concerns of the victims of the pension scam to the court cannot be gainsaid. His/her input could have prevented the dismissal of the charges in the first place. We should not rely on the DPP and the police to represent the best interests of victims of crimes at all times.
Second, the state should have hired private investigators and lawyers to explore and prosecute pension scam suspects, including Cairo International bank and its managing director. Due to the high stakes involved, it was imprudent to entrust vulnerable civil servants with this case. Read more
No comments:
Post a Comment