Businessman Basajjabalaba to stand trial in Shs142b case
What you need to know:
- The judges also awarded the businessman 50 percent of the costs he incurred in pursuing the case since he had succeeded in part.
- The charges arise from the government cancellation of his lease contracts to develop several markets and other facilities around Kampala city from which he was compensated Shs142b for the loss.
KAMPALA. Constitutional Court has this morning ruled that the rights of city businessman, Hassan Basajjabalaba were violated during the initial stages of his prosecution of the Shs142b case.
However, the same court directed that his trial, that had been halted at the Anti-Corruption Court, commences.
The businessman and his brother, Muzamiru Basajjabalaba, had challenged their prosecution before the Anti-Corruption Court, citing a number of constitutional breaches and had asked the Constitutional Court to quash it.
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"We reiterate that the high-handed, inexplicable and deplorable conduct of the DPP and the police, violated the rights of the 1st petitioner (Basajjabalaba) contrary to Articles 2, 28, 28 (1), 28 (3) a, 28 (9), 120 (5), 126 (1) and 129 (2) of the Constitution," read part of the judgment by the four justices of the court.
The judges added: "The breach entitled the 1st petitioner (Basajjabalaba) to compensation. However, the violations are not such an aggravated and prolonged nature to justify stay of the proceedings."
The majority ruling of the Nakasero-based court of 4:1, was read out by justice Kenneth Kakuru on behalf of justices; Remmy Kasule, Eldad Mwamgusya, Rubbu Aweri Opio and Solome Balungi Bossa.
Former Deputy Chief Justice, Steven Kavuma, who led the five-panel of justices in hearing the case, did not sign onto the judgment at the time of his retirement late last year.
The judges also awarded the businessman 50 percent of the costs he incurred in pursuing the case since he had succeeded in part.
To that effect, the registrar of the Constitutional Court has been ordered to send Basajjabalaba's file back to the Anti-Corruption Court for his trial to resume.
"The petition has succeeded only in part as directed above and this entitles the petitioner (Basajjabalaba) to 50 percent of the costs. The registrar is directed to remit the file for criminal case No. 0003 of 2013 Uganda Vs Hassan Basajjabalaba," ruled the judges.
The businessman and his brother face several charges ranging from forgery of a judicial document, uttering of a false document and conspiracy to defeat tax laws.
The charges arise from the government cancellation of his lease contracts to develop several markets and other facilities around Kampala city from which he was compensated Shs142b for the loss.
However, after being compensated, a private citizen started a private prosecution of the businessmen, accusing him of defeating payment of taxes arising out of the huge compensation.
