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Five senior lawyers representing embattled Kampala District Land Board Chairman David Balondemu face arrest after they declined to record statements in relation to forged medical records, submitted in court for their client to get bail.

This was after they snubbed summons dated November 24, 2023, to appear before the Criminal Investigations Directorate (CID) who in liaison with the State House Anti-Corruption Unit (SHACU) were conducting investigations into the forgery and uttering false medical documents at Buganda Road Chief Magistrates Court on November 20, 2023.

The New Vision Online has learnt that the lawyers include Caleb Alaka of Alaka and Company Advocates, Hassan Kamba of Turinawe and Company Advocates, Robert Bautu of Arcadia Advocates, Evans Ochieng of Ochieng Associated Advocates, and Mukasa Mbidde of Mbidde and Company Advocates.

In one of the letters summoning the lawyers seen by the New Vision Online, Jackson Tweheyo, who wrote on behalf of the Deputy Director CID, Economic Fraud and Anti-Corruption said, “It is alleged that the two documents purportedly authored by Kampala Hospital indicating that Balondemu had a scheduled surgery on November 22, 2023 were submitted in support of the bail application.

As one of the legal representatives of Balondemu, this is to summon you to appear before the undersigned who sits at SHACU located on 4th floor President's Office, Parliament Building on Monday, November 27, 2023, at 12:00 pm to assist in investigations.”

However, the five lawyers snubbed the invitation and on Tuesday, November 28, 2023, through Arcadia Advocates petitioned the Director of Public Prosecution Jane Abodo.

“We appeared on November 21, 2023, for bail application for Balondemu, Erick Geoffrey Mkwe, and Joseph Ibona in the matter at Buganda Road file reference CR 864 of 2023. The bail application was presented and the court retired to assess the grounds and deliver its ruling on November 23, 2023. When we appeared on November 23, 2023, the prosecution presented an application vide Miscellaneous Appeal number 53 arising from the case CR.864 of 2023 and sought to expunge the medical record presented on behalf of Balondemu allegedly on grounds of forgery,” Bautu stated.

He said the application was resisted by defence and court directed the prosecution to file submissions in rebuttal to our, and reserved the ruling on the application for November 29, 2023.

“On November 24, 2023, Senior State Attorney Buganda Road Ivan Kyaze went ahead and complained against the lawyers of the accused at SHAUC vide GEF/250/2023. The CID headquarters Kibuli issues summons to the advocates on the same day to appear and make a statement in respect of the medical documents presented for bail on behalf of Balondemu,” Bautu added.

He requested the DPP to, “call for the said file for perusal and advise to curtail and avarice that is to continuing to unfold its ugly head.”

“Advocates are officers of court and have absolute privilege on matters they present in court on behalf of their clients and they cannot be charged or blamed for representing a client in a manner that does not assail the advocates ethical rules. The purpose of the bail was not intended to benefit any of the advocates for them to be charged with forgery and utterance of false documents,” Bautu further stated,

He accused Kyaze of attempting to spray Balondemu lawyers with a subprime scandal to deter them from representing their clients.

However, on Tuesday DPP Spokesperson Jacquelyn Okui said they had not yet received the letter.

“The office is not in receipt of the complaint,” Okui said.

Balondemu and his co-accused were on Monday, November 20, remanded to Luzira Prison. They were charged with obtaining money by false pretense and conspiracy to commit a felony at the Buganda Road Chief Magistrate Court.

The State alleges that Balondemu, Ibona, and others still at large, while operating under a law firm M/S Bloom Advocates, obtained over sh2.2bn from an American company, KG Unlimited LLC, by falsely pretending that they were going to award it a contract of supplying agricultural drone sprayers and fertilisers from Ministry of Agriculture whereas not.

On Monday when he applied for bail, Balondemu claimed he was supposed to undergo an operation at Kampala Hospital. Kyaze on Wednesday submitted a letter from Kampala Hospital Limited Chief Executive Officer Dr Peter Kibuuka, which indicated that medical documents tendered before the court by Balondemu were forged and asked court not to deliver the ruling on bail.

Dr. Kibuuka in his letter in his letter responding to a request from the Director Criminal Investigation Kibuli said,

“According to our records, Balondemu has never been a patient at Kampala Hospital. There is no scheduled TURP surgery on November 22nd, 2022 at 8 am for Balondemu as indicated in the letter dated November 7th, 2023. Therefore, the purported documents dated June 2nd, 2023, and November 7th, 2023, were not authored by Kampala Hospital.”

This prompted Buganda Road Court Magistrate Winnie Nankya to send the three accused persons back to Luzira in order to give court time to ascertain the objection by the state on the bail application and forgery claims of the medical records of Balondemu that had been raised.