MTN case: Ex-workers want trial stopped
Posted Monday, January 21 2013 at 02:45
The former telecom employees say the ruling that reversed a court decision was unconstitutional.
Two former MTN employees have asked the High Court to reverse a lower court decision to have them prosecuted over alleged fraud charges pending a Constitutional petition.
Mr Naphtal Were a former logistics officer and Mr John Paul Basabose, a former accountant filed the application challenging the decision of the Chief Magistrates Court at the Anti-Corruption Division to summon them.
In October last year, Ms Irene Akankwasa issued an order staying the hearing of the case where the duo are challenging the constitutionality of being charged selectively.
However, Ms Akankwasa last week revised her decision, allowing the Directorate of Public Prosecution to prosecute the duo.
The complainants allege that the chief magistrate misdirected herself in law and fact in delivering her ruling and orders.
“The learned trial Chief Magistrate erred in law and fact by re-opening the issue of stay of proceedings pending disposal of the constitutional petition that had not been fully determined,” reads part of the application.
The lawyers have also asked for the intervention of the Registrar of the High Court citing unusual delivery of ruling in their absence.
“We were surprised to learn upon arrival at court on appointed day that she [Akankwasa] had delivered her ruling earlier in absence of counsel and the accused, despite the earlier notification to all parties,” reads part of the complaint.
The former employees of the telecom giant have asked the Constitutional Court to declare that the selective prosecution motive by the DPP is unconstitutional and demand another order to cause the DPP to direct a comprehensive police investigation into the matter for all the culprits to be brought to book.