Muhwezi, Mukula lawyers storm out
The trial of former health ministers Jim Muhwezi, Mike Mukula and Dr. Alex Kamugisha started on a dramatic note yesterday with the defence lawyers storming out of court, protesting the decision by the magistrate to proceed with the trial.
By Milton Olupot, Charles Ariko and Edward Anyoli
The trial of former health ministers Jim Muhwezi, Mike Mukula and Dr. Alex Kamugisha started on a dramatic note yesterday with the defence lawyers storming out of court, protesting the decision by the magistrate to proceed with the trial.
The walk-out left the accused without legal representation as the first witness testified that they violated public accounting procedures in the management of funds meant for immunisation.
The prosecution alleges that the former health ministers ignored the laws and regulations governing the disbursement of public funds by taking direct control of the money.
“The accused persons took upon themselves the role of accounting officers, cashiers and procurement officers. The technocrats were shoved aside and prevailed upon to disburse the funds in accordance with (their) whims and wishes,†the lead prosecutor, Michael Wamasebu, said.
“The three, particularly Muhwezi, gave the impression and excuse that his actions were sanctioned by State House and the technocrats were not allowed to question or vet his decisions or the budget proposals approved by him.â€
The three former health ministers, along with former presidential aide Alice Kaboyo, are facing different charges connected to the mismanagement of sh1.6b donor funds received from the Global Alliance for Vaccines and Immunisation (GAVI).
The defence lawyers from the on-set opposed the fact that an official from the Directorate of Public Prosecutions had joined the IGG in the prosecution.
But magistrate Margaret Tibulya overruled them, arguing that the IGG had powers to delegate and work together with the DPP.
The lawyers then redirected their arguments to the powers of the IGG. They argued that the IGG only had powers to prosecute cases of corruption and abuse of authority or public office, not theft, causing financial loss, embezzlement, obtaining money by false pretences and uttering false documents.
Claiming that the IGG was acting unlawfully and, therefore, abusing her office, they demanded that the matter be referred to the Constitutional Court for interpretation.
The tough-talking Tibulya dismissed the objections. “There is nothing to refer to the the Constitutional Court and for me to put off my hands. I would be abdicating my duty as a Chief Magistrate if I did as the defence is saying, and, therefore, I reject the application,†she said.
“We consider the ruling of this court even more absurd and we can’t continue this matter until we receive further instructions,†retorted Bob Kasango, who represents Kaboyo, after which all the defence lawyers stormed out.
Tibulya then ordered the trial to proceed. This prompted Wamasebu to ask all prosecution witnesses, including the IGG, Faith Mwondha, to leave the court, as the first witness, the accountant general in the Ministry of Finance, took the witness box.
Gastavio Bwoch told the court that Muhwezi approved a voucher of sh310m, to be paid to Kaboyo, contrary to the law. Muhwezi then passed the voucher to Kamugisha, who, in turn, passed it on to the permanent secretary.
“In this case, I can see the two ministers authorising payment, contrary to the public accounts and treasury accounting instructions,†Bwoch stated.
At the back of the sh310m voucher were the signatures of Kamugisha, Loma Birungi on behalf of Mukula, and Kaboyo.
Also in breach of the standard procedures, according to the accountant general, was a letter from State House, signed by Kaboyo, purportedly on behalf of the Principal Private Secretary of the President, and addressed to Jim Muhwezi, requisitioning for sh310m for the launch of a youth sensitisation programme.
He said the rules of the Public Procurement and Disposal of Assets Act were violated in the buying of the items allegedly acquired with the funds, such as motor vehicles, a photocopier and brochures.
Bwoch also pointed out that the amounts of money being released required the use of cheques.
“But they were paid in cash and some were through open cheques, which was against the proper procedure.â€
Muhwezi also authorised a sh14m payment following a letter written by Kaboyo for youth health mobilisation programmes, the witness said.
Another cheque for sh214m in the name of Margaret Birabwa was cashed and Muhwezi acknowledged receipt of the money, the witness added. Under the law, Bwoch reiterated, only the permanent secretary could authorise payments.
The witness added that Muhwezi authorised the release of sh250m to Kaboyo, purportedly for immunisation campaigns, and sh33m which he passed on to the then Yumbe MP, Nusura Tiperu, without the authorisation of the permanent secretary. Mukula, the court heard, signed for sh136.8m, purportedly for the First Lady, to conduct a health advocacy conference.
The accused declined to cross-examine the witness, arguing they could not do so in the absence of their lawyers.
They said the court was doing them injustice by proceeding without legal representation.
“This is no longer the case of money loss,†a furious Muhwezi said.
“It is something else. I can’t believe that this is a government I fought to bring into place. It is very sad for this country.†Tibulya, however, reassured them that justice would be done. She set November 6 for mentioning of the case.
Please check the menu for the link to more on GAVI TRIAL
The trial of former health ministers Jim Muhwezi, Mike Mukula and Dr. Alex Kamugisha started on a dramatic note yesterday with the defence lawyers storming out of court, protesting the decision by the magistrate to proceed with the trial.
The walk-out left the accused without legal representation as the first witness testified that they violated public accounting procedures in the management of funds meant for immunisation.
The prosecution alleges that the former health ministers ignored the laws and regulations governing the disbursement of public funds by taking direct control of the money.
“The accused persons took upon themselves the role of accounting officers, cashiers and procurement officers. The technocrats were shoved aside and prevailed upon to disburse the funds in accordance with (their) whims and wishes,†the lead prosecutor, Michael Wamasebu, said.
“The three, particularly Muhwezi, gave the impression and excuse that his actions were sanctioned by State House and the technocrats were not allowed to question or vet his decisions or the budget proposals approved by him.â€
The three former health ministers, along with former presidential aide Alice Kaboyo, are facing different charges connected to the mismanagement of sh1.6b donor funds received from the Global Alliance for Vaccines and Immunisation (GAVI).
The defence lawyers from the on-set opposed the fact that an official from the Directorate of Public Prosecutions had joined the IGG in the prosecution.
But magistrate Margaret Tibulya overruled them, arguing that the IGG had powers to delegate and work together with the DPP.
The lawyers then redirected their arguments to the powers of the IGG. They argued that the IGG only had powers to prosecute cases of corruption and abuse of authority or public office, not theft, causing financial loss, embezzlement, obtaining money by false pretences and uttering false documents.
Claiming that the IGG was acting unlawfully and, therefore, abusing her office, they demanded that the matter be referred to the Constitutional Court for interpretation.
The tough-talking Tibulya dismissed the objections. “There is nothing to refer to the the Constitutional Court and for me to put off my hands. I would be abdicating my duty as a Chief Magistrate if I did as the defence is saying, and, therefore, I reject the application,†she said.
“We consider the ruling of this court even more absurd and we can’t continue this matter until we receive further instructions,†retorted Bob Kasango, who represents Kaboyo, after which all the defence lawyers stormed out.
Tibulya then ordered the trial to proceed. This prompted Wamasebu to ask all prosecution witnesses, including the IGG, Faith Mwondha, to leave the court, as the first witness, the accountant general in the Ministry of Finance, took the witness box.
Gastavio Bwoch told the court that Muhwezi approved a voucher of sh310m, to be paid to Kaboyo, contrary to the law. Muhwezi then passed the voucher to Kamugisha, who, in turn, passed it on to the permanent secretary.
“In this case, I can see the two ministers authorising payment, contrary to the public accounts and treasury accounting instructions,†Bwoch stated.
At the back of the sh310m voucher were the signatures of Kamugisha, Loma Birungi on behalf of Mukula, and Kaboyo.
Also in breach of the standard procedures, according to the accountant general, was a letter from State House, signed by Kaboyo, purportedly on behalf of the Principal Private Secretary of the President, and addressed to Jim Muhwezi, requisitioning for sh310m for the launch of a youth sensitisation programme.
He said the rules of the Public Procurement and Disposal of Assets Act were violated in the buying of the items allegedly acquired with the funds, such as motor vehicles, a photocopier and brochures.
Bwoch also pointed out that the amounts of money being released required the use of cheques.
“But they were paid in cash and some were through open cheques, which was against the proper procedure.â€
Muhwezi also authorised a sh14m payment following a letter written by Kaboyo for youth health mobilisation programmes, the witness said.
Another cheque for sh214m in the name of Margaret Birabwa was cashed and Muhwezi acknowledged receipt of the money, the witness added. Under the law, Bwoch reiterated, only the permanent secretary could authorise payments.
The witness added that Muhwezi authorised the release of sh250m to Kaboyo, purportedly for immunisation campaigns, and sh33m which he passed on to the then Yumbe MP, Nusura Tiperu, without the authorisation of the permanent secretary. Mukula, the court heard, signed for sh136.8m, purportedly for the First Lady, to conduct a health advocacy conference.
The accused declined to cross-examine the witness, arguing they could not do so in the absence of their lawyers.
They said the court was doing them injustice by proceeding without legal representation.
“This is no longer the case of money loss,†a furious Muhwezi said.
“It is something else. I can’t believe that this is a government I fought to bring into place. It is very sad for this country.†Tibulya, however, reassured them that justice would be done. She set November 6 for mentioning of the case.
Please check the menu for the link to more on GAVI TRIAL