_____________

KAMPALA - The Nakasero-based Anti-Corruption Court has dismissed a bail application filed by a city businessman who was convicted of obtaining shillings 525 million by false pretence.

Justice Lawrence Gidudu rejected Andrew Mugarura’s application for bail pending appeal on the grounds that the appeal is ready to be heard.

“The application for bail pending appeal automatically abets. Court cannot grant bail when the appeal is ready to be heard,” Justice Gidudu said.

Mugarura was convicted on August 29, 2022, by the Anti-Corruption Chief Magistrate Joan Aciro and sentenced to five years for obtaining money by false pretence, but he appealed against the decision.

In his appeal, Mugarura argued that the Chief Magistrate erred in law and fact when she failed to properly evaluate the evidence on record, thereby arriving at the wrong decision.

He contends that the trial magistrate Aciro ignored the contradictions and inconsistencies in the evidence presented by the prosecution.

According to Mugarura, the magistrate acted unfairly and unjustly when she meted out a harsh sentence of five years.

Justice Gidudu on April 23, 2024, advised Amon Abaasa, the lawyer representing Mugarura, to file a written submission by April 29, 2024, and serve the office of the Director of Public Prosecutions on the same day. 

The judge stated that prosecution should reply by May 3, 2024. The judge said the judgment will be delivered on June 29, 2024.

Magistrate’s findings

Court established that Mugarura obtained the money from an investor, Girish Nair, claiming that he was selling land comprised in LRV KCC 396 Folio 11 Plot 45-51 Nasser Road in Kampala.

Mugarura claimed that he had verbal instructions from Uganda Railway Corporation to identify a developer to develop plots 45–51 on Nasser Road.

“With this kind of lie, would it then be surprising that even the letter of no objection to develop the plot that he later presented and all the other documents he presented were all forged?

On the premises, this Court finds the accused guilty of the commission of the offense of obtaining money by false pretence se, contrary to Section 305 of the Penal Code Act.

The accused is hereby accordingly convicted,” Aciro said.