Byandala acquitted of abuse of office and other charges

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