IGG appeals against acquittal of its senior staff
Appealed. IGG Irene Mulyagonja. The IGG has appealed against the acquittal of Jane Mpeirwe. FILE PHOTO
What you need to know:
- Ruling. Trial Grade One Magistrate Patricia Amoko ruled that there was a broken chain in the digital recordings that prosecution says captured the suspects negotiating for the bribe.
- "Take notice that the State being dissatisfied with the judgment of Her Worship, delivered on January 16, 2018 whereby she acquitted the respondents of offences of corruption and abuse of office, hereby appeals against the said acquittal,” IGG’s appeal notice.
Kampala. The Inspector General of Government (IGG), has appealed against the acquittal of one of its senior staff.
Ms Jane Mpeirwe was on Tuesday acquitted by the Anti-Corruption Court of the corruption charges she was battling.
Ms Mpeirwe, a Principal Inspectorate Officer, along with her husband, Mr Arthur Mpeirwe, had been accused of soliciting a Shs300m bribe from Ms Geraldine Ssali Busuulwa, the former deputy managing director of the National Social Security Fund (NSSF).
The bribe
Mr Mpeirwe is an advocate with Mpeirwe and Co Advocates
Also charged alongside the Mpeirwes was Mr Daniel Kaguta, the former Wakiso Resident District Commissioner.
According to the indictment by the IGG, the alleged bribe was to act as an inducement for Ms Mpeirwe and others at the Inspectorate to write a favourable report on the file that she was investigating Ms Ssali over alleged corruption and mismanagement at NSSF.
But on Tuesday, trial Grade One Magistrate Patricia Amoko observed that there was a broken chain in the digital recordings that prosecution (IGG) said captured the suspects negotiating for the bribe and that there was no mention of the name “Jane Mpeirwe” but a one Jane.
Further, the trial magistrate observed in her verdict that there was no mention Shs300m either.
“Notwithstanding court’s position on the chain of the digital evidence testified to by PW3, PW1, PW5 and PW6, a look at all transactions reveals no mention of Jane Mpeirwe, but a Jane and no mention of Shs300m either for the purposes as alleged in the particulars of count IV,” ruled trial magistrate Amoko.
“PW3 also told court that I don’t know about recordings but Mr Kaguta kept pestering for the Shs300m and that they later asked for Shs50m and later even Shs20m. Nowhere in the recordings is Shs300m mentioned. I did not get an opportunity to record Jane asking for Shs300m and did not record Mpeirwe negotiating for Shs300m. I did not get an opportunity to record Kaguta in that regard either.”
Based on the above findings, the trial magistrate said the IGG failed to prove the case against the trio suspects and acquitted them accordingly.
Ruling
The magistrate also ordered that the bail cash that the trio paid as they secured bail, be refunded to them.
“In conclusion, A1 (Ms Mpeirwe), is found not guilty on counts 1 and 2 and is acquitted. A2 (Mr Mpeirwe), is found not guilty on count IV and is acquitted. A3 (Mr Kaguta) is not found guilty on count IV and is acquitted,” ruled the magistrate
But being dissatisfied with the verdict, the IGG has since lodged a notice of appeal before the High Court, Anti-Corruption Division.
“Take notice that the State being dissatisfied with the judgment of Her Worship, delivered on January 16, 2018 whereby she acquitted the respondents of offences of corruption and abuse of office, hereby appeals against the said acquittal,” read in part the appeal notice of the IGG
By press time yesterday, the High Court, Anti Corruption Division had not yet fixed a hearing date for the appeal of the IGG.
BACKGROUND
Ms Mpeirwe, a Principal Inspectorate Officer, along with her husband, Mr Arthur Mpeirwe, had been accused of soliciting for a Shs300m bribe from Ms Geraldine Ssali Busuulwa, the NSSF former director.
