Engineer acquitted of Shs1b loss
Kampala.
The Court of Appeal has acquitted the interdicted government chief engineer, Mr Samson Bagonza, who was in June 2010 sentenced to three years in jail for abuse of office and causing a financial loss of Shs1.6 billion to government during Chogm preparations.
All the three judges; Deputy Chief Justice Steven Kavuma, Eldard Mwangushya and Solomy Balungi Bossa overturned the verdict of retired Anti-Corruption Court Judge John Bosco Katutsi who convicted Bagonza.
The three appellate judges said their own analysis of the evidence leads to a different finding than that of Justice Katutsi. The judges also lifted a 10-year ban against Bagonza’s employment in civil service.
Bagonza had been convicted for approving the additional construction works on the Entebbe highway between Zana and Kibuye during the Chogm preparations, contrary to the interests of the Works ministry.
The additional cost amounted to Shs1.6b, which according to the prosecution, was not approved by the Public Procurement and Disposal of Public Assets Authority well knowing that this would cause loss to government.
“The testimony of the then ministry of Works permanent secretary, Mr Charles Muganzi, and the finding of the Auditor General all point to the fact that no loss was occasioned and that the additional works were executed,” the appellate judges ruled.
In his appeal, Bagonza’s lawyer MacDusman Kabega challenged both the conviction and sentence insisting that no loss was caused to government since the works were done.
The case
• During mitigation after he was found guilty, Bagonza regretted the loss of the Shs1.6 billion to government, saying he was under extreme pressure to complete the works ahead of the Chogm summit. Bagonza became the first government official to be convicted of mishandling Chogm money.
