By Sania Babirye
Former works and Transport minister Abraham Byandala has been let- off the hook after the Anti-corruption court has acquitted him on charges of Abuse of office and disobedience of lawful orders from the Inspector General of Government in regard to the upgrading of Mukono-Katosi-Kisoga -Nyenga road; 3 years ago .
Byandala had been accused of conniving with former Uganda National Roads Authority officials to swindle UGX 24.7 billion that was meant to up-grade the Mukono-Katosi- Kisoga -Nyenga Road .
However, Justice Gidudu has ruled that given the circumstances surrounding the said road which had become politically sensitive and sparking off riots due to delays in construction, it was right for Byandala as line minister to direct signing of the contract to begin construction works .
Gidudu has observed that given the fact that the solicitor General had given clearance , the availability of funds which had stalled the works since 2010 and legal advise that due diligence could be taken at any time, he is persuaded that Byandala was driven by good and political motives rather than fraud .
The judge has also exonerated Byandala of being aware that the securities upon which payment of the 24.7 billion shillings was based were forged since he is not mandated to verify the authenticity of securities .
Byandala was also not found guilty of disobeying lawful orders from the IGG to stop works on the road since evidence shows that he never got to see the said letter yet prosecution never bothered to call his secretary a one Matilda who is said to have received the letter on his behalf .
Basing on the above reasoning that the signing of the contract was not irregular, the judge has also acquitted Former UNRA Executive Director Eng. Berunado Sebuuga of Abuse of office
The judge has however raised a red flag on the actual amount of money lost since there was no road audit report tendered in court by the prosecution . According to him actual loss must be quantified and not merely assumed.
According to the evidence in his judgement a total of about 6 billion shillings is said to have been the value of the works done on the Mukono-Katosi -Kisoga-Nyenga road and not 24.7 billion shillings as prosecution alleges .
He therefore acquitted the suspects on charges of causing Financial loss .
However the judge has found guilty Joe Semugooma the former UNRA finance Director of Abuse of office while Wilberforce Senjaako an accountant has been convicted of neglect of duty by failing to verify securities before approving an advance payment of 24.7 billion shillings to EUTAW company .
For Businessman Apollo Senkeeto, he has been found guilty of stealing the entire amount of 24.7 billion shilings which he had access to by falsely representing himself as the country director of EUTAW Mississippi in Uganda where as not.
According to Justice Gidudu, Senkeeto whom he described as a smooth operator whose actions would be understood after a critical examination would switch roles to serve his purpose... He could be a messenger and courier to peddle forged bank guarantees, a company director to be a signatory at the bank and a country representative to attend meetings .
The court has further convicted Wilberforce Senjaako of forgery of Bank security guarantees and performance bonds which Senkeeto uttered to UNRA for purposes of fraudulently accessing the 24.7 billion shillings .
The court has gone a head to clear Marvin Baryaruha -the UNRA legal advisor of any wrong -doing since the advise he offered in signing and drawing the contract between EUTAW and UNRA was solicited by his boss and there is no way he could establish whether the securities presented were fake .
The judge has ruled that legal advise can either be taken or disregarded and hence acquitted Baryaruha of Abuse of office and causing financial loss .
In a nut shell, 4 accused persons including Eng. Abraham Byandala, Eng. Berunado Sebuuga, Marvin Baryaruha, Isaac Mugote have been acquitted while 3 others including Joe Semugooma, Wilberforce Senjako and Apollo Senkeeto have been convicted by court.
The court has ordered that the acquitted accused persons have a refund of their bail money as the convicts bail is cancelled