More ministers set to be charged over iron sheets

More government officials and ministers are expected to be charged in court for cases relating to the Karamoja iron sheets scandal, police and the Office of the Director of Public Prosecutions (DPP), have said. 
Mr Fred Enanga, the police spokesperson, told Sunday Monitor that the police investigations, where the DPP bases its charges, cast a wide net and more suspects are expected to appear in court.

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“We interviewed several people and we expect all files to be submitted to the DPP by next week. Hon [Mary Goretti] Kitutu’s file was almost ready when she was arrested from Parliament,” Mr Enanga said of the Karamoja Affairs minister, who was sent to jail on Thursday.
Ms Jacquelyn Okui, the DPP spokesperson, said, “The scandal is being handled in piecemeal, and so there are several files for several suspects … the file of Hon Kitutu was the first to be submitted. We are expecting more files of other suspects to be submitted by police and they will be considered by the DPP as and when they are submitted.”

READ: PM Nabbanja regrets iron sheets scandal
The revelations come in the wake of Ms Kitutu’s incarceration after being charged with two counts of causing loss of public property and conspiracy to defraud at the Anti-Corruption Court. The minister is now on remand in Luzira Prison until April 12.
Ms Kitutu was charged alongside her brother, Mr Micheal Naboya Kitutu, who is accused of receiving stolen property between June 2022 and January 2023 at Situmi Village Bukhawekha Sub-county, Namisindwa District. It is alleged that the iron sheets he received were feloniously obtained.

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While anti-corruption agencies and a section of Ugandans saw the arrest of Ms Kitutu and her brother as a positive step in the fight against corruption, alternative sentiments suggested she is only a sacrificial lamb.  
There were also queries as to why Ms Kitutu’s brother, earlier arrested by the State House Anti-Corruption Unit, was charged when other recipients, who have admitted receipt and possession of the iron sheets, were not.
Pandora’s box
Top government officials, including Vice President Jessica Alupo, Parliament Speaker Anita Among and Prime Minister Robinah Nabanja, have been named and admitted to receiving the relief iron sheets that were meant for the vulnerable in the Karamoja Sub-region.

HERE: 30 MPs named in iron sheets saga
Legal experts who spoke to Sunday Monitor say there are a number of technicalities to be considered on what charges will be preferred against officials who have denied any prior knowledge of the diversion.
“My understanding of the minister’s brother is that he could not account how he got to be in possession of the mabati (iron sheets) and, therefore, [was] rightly charged for receiving stolen property,” Mr MacDusman Kabega, a senior lawyer said, adding, “In my view, any minister found with what is called government stores i.e. goods with a government mark, would be liable for being in possession of government stores contrary to Section 314 of the Penal Code.”
Mr Kabega said the police’s task then is to “establish that one is in possession” of the iron sheets. At which point, “the possessor has the burden to convince police that he is holding them legally.”

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“It is incumbent upon the DPP to conduct investigations and find out. Each case is decided on its own merit. It may not be a given that whoever was found with such items should of necessity be charged. It may depend on the circumstances under which it came to be,” Mr Henry Kunya, a senior counsel, said.
Mr Peter Walubiri, another veteran lawyer, told Sunday Monitor that the prosecuting agencies would have to prove that the named government officials knew that the iron sheets were being irregularly diverted. Short of this, a similar charge cannot be successfully preferred.
“Kitutu’s brother is not a government worker and the iron sheets were clearly labelled property of government,” he argued. He proceeded to note: “Going by what the ministers claim, some wrote to the OPM requesting for iron sheets and got calls to receive them. Then they may not have suspected diversion.”
The story could be different for Mr Amos Lugoloobi, the State minister for Planning, who used the iron sheets to roof his own animal shed.
“He did not pretend to be using the iron sheets for the vulnerable. He knew this was public property and was using it for private use. He could be charged with a more serious offence like theft, or corruption, or abuse of office. The others could use the rhetoric that they donated the iron sheets,” Mr Walubiri said.
About the recipients whose defence is that they did not request for the iron sheets, Mr Walubiri says he reckons proof of receipt means the people in question “are not being truthful.” 
“These ministers know that government resources are scarce. How do you then all of a sudden just get a donation from the prime minister’s office? It should have put you on suspicion,” he reasoned.
Ms Pheona Wall, the immediate former Uganda Law Society president, says, “Anybody who would be found in possession [of the iron sheets] would be vulnerable. I think the police need to look into this matter seriously for everybody who has confessed. A lot of people are implicated and it would be disingenuous to only look at those people on whom it is convenient to look at. What we saw with Hon Kitutu is unprecedented and we want to see the criminal justice system be effective. It would be a good example to be found not to be above the law,” she said.
In the spotlight
Top government officials, including Vice President Jessica Alupo, House Speaker Anita Among and Prime Minister Robinah Nabanja, have been named and admitted to receiving the relief iron sheets that were meant for the vulnerable in the Karamoja Sub-region.