{UAH} Allan/Pojim/WBK: Minister Byandala enters second not guilty plea
Minister Byandala enters second not guilty plea
Former Works Minister Abraham Byandala has for the second time pleaded not guilty to the alleged fraud in the construction of Mukono-Kyetume-Katosi road, a scam in which government lost over Shs 24bn.
The second plea was taken before the Anti-Corruption division of the High Court. The initial plea taking before the magistrate's court in July, 2015. However according to criminal law, a second plea is a prerequisite upon committal to a higher court.
Byandala is jointly charged with Eng Berunado Kimeze, the former acting executive director of the Uganda National Roads Authority (Unra), Joe Ssemugooma, the former acting director of Finance and Administration at Unra and businessman Apolo Senkeeto also known as Mark Kalyesubula.
Also charged is Isaac Mugote a former banker with Housing Finance Bank Ltd and Marvin Baryaruha, Unra's former Legal Counsel.
The trial stems from a report by the Inspector General of Government (IGG) which pinned Byandala for forcing the Unra to sign and advance a payment of Shs 24.7bn to a non-existent firm, Eutaw Construction Co. Inc. It was subsequently discovered by the IGG that Eutaw that had no relations to the firm in the US that it had used as its parent company.
The ombudsman further alleges that when the Katosi road fraud was detected the Inspector General of Police Kale Kayihura by letter dated July 17, 2014, ordered that the upgrade stops.
Instead, Byandala instructed his junior minister John Byabagambi and Eng Kimeze to ensure that a subcontract between Unra and any other entity is signed for the work to continue very well knowing that there was fraud.
This act, the IGG says, tantamounts to abuse of office. Senkeeto, on the other hand is accused of tricking government agencies and receiving the payment on behalf of Eutaw well knowing that he did not have any powers of attorney to represent Eutaw in Uganda.
The payment was part of the Shs 165bn cost for the construction of Mukono-Kyetume-Katosi road.
Court presided over by justice Lawrence Gidudu has now fixed March 1, 2 and 3 as dates for hearing of the case.
During the court session prosecution led by Sarah Birungi was directed to disclose all the evidence and any useful materials to the defense lawyers to enable them prepare adequately for their case in advance.
Two court assessors; Vincent Oketch and Stanley Corono who will be assisting court in handling this case by giving a lay man's advice at the end of the hearing also took oath to that effect. The suspects' bail was extended until March 1 when their matter comes up for hearing.
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