The application to dismiss the alleged fraud charges against the Principal of Makerere University Business School (MUBS), Prof. Juma Waswa Balunywa has been set for ruling on July 7.
The Nakawa Chief Magistrate, Ms Flavia Nassuna on Wednesday set the date to determine the fate of Prof. Balunywa’s application to dismiss allegations against him.
His lawyer, Mr Fred Muwema earlier said the allegations against the university lecturer should not have been brought to court because they are still under investigation.
“When you look at the complaint, there are only paper cuttings to show that there is an investigation by the Inspector General of Government (IGG) in the alleged offences. The current proceedings are malicious and brought in bad faith because the constitutionally mandated offices are still handling the case,” Mr Muwema argued.
Prof. Balunywa who appeared before the Court for replies by the complainants is facing charges of alleged forgery and presenting false documents.
However, Mr Simon Tendo Kabenge described the objections as a ‘move to delay prosecution’ of the accused person.
He asked court to disregard Prof. Balunywa’s objections and direct him to plead to the charges arguing that the trial is neither witch hunt nor waste of time; “and court followed the right procedure to issue criminal summons.”
“The objections are meant to ensure that the accused never stand trial but this is criminal proceeding that cannot be affected by the arguments,” he added.
It is alleged that on or about September 1994 at Makerere University Business School (MUBS), Prof. Balunywa with intent to defraud government presented false academic documents including the East African Certificate of Education, the East African Advanced Certificate and Curriculum Vitae to his employer Makerere University in order procure promotion to Associate Professor and receive higher salaries and other emoluments.
According to the charge sheet, Prof. Balunywa forged academic certificates in names of Juma J. Balunywa of Kamuli College, Namasagali and used them fraudulently to get employment, first as a lecturer of Makerere University in 1983 and subsequently as the principal and accounting officer of MUBS.
It is further alleged that Prof. Balunywa, employed as principal and accounting officer at MUBS on various dates failed to execute his duties of controlling institution’s expenditure of $13,000.