Court acquits IGG officer, RDC on bribery claims

COURT | CORRUPTION

KAMPALA - A senior officer attached to the Inspectorate of Government and former Wakiso Resident District Commissioner (RDC) has been acquitted by the Anti-Corruption Court of sh300m bribery allegations.

Jane Mpeirwe, her husband lawyer Arthur Mpeirwe and Daniel Kaguta were accused of soliciting a sh300m bribe in order to exonerate former deputy managing director of National Social Security Funds (NSSF) Geraldine Ssali from the investigations she was carrying out against her.

On Thursday, court presided over by Grade One Magistrate Patricia Amoko acquitted the trio on grounds that the evidence of the six prosecution witnesses was riddled with inconsistencies.

"There were key inconsistencies in the testimonies of prosecution witnesses in regard to digital evidence and the nature of the recording gadget," she noted.

The court also directed that the cash bail deposits made by each of the accused at the commencement of their trial be refunded.

Amoko said nothing was stated in the video footage that could give court clarity on what was going on in as far as the particulars talking of soliciting sh300m was concerned.

"No evidence suggests that there was solicitation of sh300m from Ssali for the performance of the public function of Jackline Nababi, the assistant inspectorate officer with the IGG. I find prosecution failed to discharge its burden," she ruled.

Prosecution says that Mpeirwe, between July 2013 and January 2014, at different places, including her husband's chambers at Collin House Pilkington Road, solicited for gratification of sh300m from Ssali as an inducement for her to write a favourable report on her in regard to corruption and mismanagement of NSSF.

Prosecution further says Mpeirwe did the said acts in abuse of the authority of her office.

Her husband, according to prosecution, participated as an accomplice in the solicitation for sh300m bribe while the RDC instigated the solicitation.

The court observed that the quality of the documents admitted in court and that related to the content of the CDs was lacking and yet the authors were not produced in court to explain the same.

"Sh300m is mentioned nowhere as also testified by Ssali. Neither is there anything to the effect that Mpeirwe was soliciting the same amount as stated in the particulars of the offence," she noted.

The court also noted that report writing was not the duty of Mpeirwe, but made Ssali to believe she could do the same.

The magistrate said the report is dated April 28, 2013, but was received by the office of Ssali on April 20, 2014, almost an entire year later, observing that it is still a possibility that Ssali was not in the know that the report had been finalised and so continued to meet Mpeirwe.

"It is obvious that the arbitrary actions of solicitation to write a report in favour of Ssali would be prejudicial to the IGG that receives reports on allegations of corruption, as well as to Ssali that was inconvenienced by lack of professionalism, if true. However, this court having failed to find that arbitrary act, cannot find that it was prejudicial to anyone," she noted.

The court was also unable to find that Mpeirwe's husband participated in the solicitation of sh300m from the complainant.

"I find that prosecution failed to discharge its burden to prove the required ingredient. Mpeirwe's husband is found not guilty of corruptly participating in solicitation for gratification".