Jamwa lawyer protests High Court trial
Sep 20, 2010
THE lawyer representing former NSSF managing director, David Chandi Jamwa, has protested a decision by the Inspectorate of Government (IGG) to have his client tried by the Anti-Corruption High Court division.
By Edward Anyoli
THE lawyer representing former NSSF managing director, David Chandi Jamwa, has protested a decision by the Inspectorate of Government (IGG) to have his client tried by the Anti-Corruption High Court division.
Jamwa is facing charges of causing a sh2b financial loss and abuse of office.
Appearing before the Anti–Corruption Court Chief Magistrate yesterday, David Mpanga opposed the plans, saying the case against Jamwa could also be tried by a magistrate’s court.
State Attorney Sydney Asubo had presented committal papers asking the Anti-Corruption Court Chief Magistrate, Irene Akankwasa, to commit Jamwa to the Anti-Corruption High Court for trial.
Mpanga argued that the IGG did not have the power to commit an accused person under section 169 of the chief magistrates’ Act, saying the power is only invested in the Director of Public Prosecution.
He noted that section 51 of the Anti-Corruption Act gives Chief Magistrates power to try such offences.
Asubo, however, said section 168 of the Act gives the IGG the mandate to commit an accused person to the High Court even if the offence can be tried by the Chief Magistrates’ Court.
He argued that Section 1 of the Trial and Indictment Act also gives the IGG power to commit an accused person to a higher court for trial. Akankwasa said she would make her ruling on September 23.
Prosecution led by Asubo said Jamwa abused his office when he sold off several government bonds held by NSSF to Crane Bank before their maturity dates at low prices, causing the sh2b financial loss.
THE lawyer representing former NSSF managing director, David Chandi Jamwa, has protested a decision by the Inspectorate of Government (IGG) to have his client tried by the Anti-Corruption High Court division.
Jamwa is facing charges of causing a sh2b financial loss and abuse of office.
Appearing before the Anti–Corruption Court Chief Magistrate yesterday, David Mpanga opposed the plans, saying the case against Jamwa could also be tried by a magistrate’s court.
State Attorney Sydney Asubo had presented committal papers asking the Anti-Corruption Court Chief Magistrate, Irene Akankwasa, to commit Jamwa to the Anti-Corruption High Court for trial.
Mpanga argued that the IGG did not have the power to commit an accused person under section 169 of the chief magistrates’ Act, saying the power is only invested in the Director of Public Prosecution.
He noted that section 51 of the Anti-Corruption Act gives Chief Magistrates power to try such offences.
Asubo, however, said section 168 of the Act gives the IGG the mandate to commit an accused person to the High Court even if the offence can be tried by the Chief Magistrates’ Court.
He argued that Section 1 of the Trial and Indictment Act also gives the IGG power to commit an accused person to a higher court for trial. Akankwasa said she would make her ruling on September 23.
Prosecution led by Asubo said Jamwa abused his office when he sold off several government bonds held by NSSF to Crane Bank before their maturity dates at low prices, causing the sh2b financial loss.