Confiscate launderers' property â€" Judge
Mar 25, 2010
A High Court judge has supported the proposal to confiscate the property of individuals suspected to have laundered money. Justice John Bosco Katutsi, who heads the anti-corruption division of the High Court, said he supported the Anti-Money Laundering Bill.
By Conan Businge
and Justus Akampa
A High Court judge has supported the proposal to confiscate the property of individuals suspected to have laundered money. Justice John Bosco Katutsi, who heads the anti-corruption division of the High Court, said he supported the Anti-Money Laundering Bill.
The bill provides for confiscation of the property of anyone suspected of money laundering, even before trial.
Speaking at the corporate governance and anti-money laundering seminar in Kampala, Katutsi said the burden of proof of whether one was not involved in money laundering should also be shifted to the accused.
In Uganda’s law, one is presumed innocent until proved guilty. The burden of proof is thus left to the prosecution.
Katutsi, however, proposed that the anti-money laundering Bill be the exception.
“If one cannot explain how he amassed so much wealth, why should the Government sweat proving that he swindled the money. Let the accused prove himself innocent,†he noted.
The judge added that Government needs to set up an independent body to confiscate the property of all persons suspected to be involved in the crime.
Money laundering is turning illegally obtained money into seemingly legitimate sources. It includes concealing the nature, location and movement of the proceeds of crime.
The Bill, tabled before Parliament in November 2009, provides for international cooperation in the investigation and prosecution of money laundering cases.
and Justus Akampa
A High Court judge has supported the proposal to confiscate the property of individuals suspected to have laundered money. Justice John Bosco Katutsi, who heads the anti-corruption division of the High Court, said he supported the Anti-Money Laundering Bill.
The bill provides for confiscation of the property of anyone suspected of money laundering, even before trial.
Speaking at the corporate governance and anti-money laundering seminar in Kampala, Katutsi said the burden of proof of whether one was not involved in money laundering should also be shifted to the accused.
In Uganda’s law, one is presumed innocent until proved guilty. The burden of proof is thus left to the prosecution.
Katutsi, however, proposed that the anti-money laundering Bill be the exception.
“If one cannot explain how he amassed so much wealth, why should the Government sweat proving that he swindled the money. Let the accused prove himself innocent,†he noted.
The judge added that Government needs to set up an independent body to confiscate the property of all persons suspected to be involved in the crime.
Money laundering is turning illegally obtained money into seemingly legitimate sources. It includes concealing the nature, location and movement of the proceeds of crime.
The Bill, tabled before Parliament in November 2009, provides for international cooperation in the investigation and prosecution of money laundering cases.