Ogoola wants corruption laws amended
Jan 28, 2010
THE PRINCIPAL Judge James Ogoola and the Inspector General of Government, Raphael Baku, have called for a constitutional amendment to shift the burden of proof in corruption cases to the accused.
By Josephine Maseruka
THE PRINCIPAL Judge James Ogoola and the Inspector General of Government, Raphael Baku, have called for a constitutional amendment to shift the burden of proof in corruption cases to the accused.
“Corruption is not an ordinary crime. It is complex, sophisticated and they are now stealing using cyber. It is a white-collar crime, which calls for a change of the law and a highly trained and sophisticated Judiciary,†Ogoola said yesterday.
He said it is high time Uganda emulated Ireland, which has shifted the burden of proof from the prosecution to the accused in cases of corruption.
Ogoola made the remarks at the second Uganda Governance Forum in Kampala.
It was organised by the African Peer Review Mechanism and the Inspectorate of Government.
Baku concurred that corruption cases are difficult to handle, especially when judges demand proof beyond reasonable doubt, ‘and reasonable doubt depends on a particular judge handling the case’.
With syndicate corruption where mafia-like gangs are involved, the burden of proof must shift to the accused and not the prosecution, he noted.
Baku explained that: “When you come across a syndicate corruption case you can arrest the entire group like what we did in Makindye division and Bundibugyo. Unfortunately, because all of them are under arrest, you cannot get someone to give evidence.â€
Ogoola also commented that the creation of new districts was detrimental to the Judiciary because there are only 30 chief magistrates in the country yet each district should have one.
“With only one magistrate handling a million Ugandans, can justice be seen to be done? I am not against the creation of districts, but we must look at service delivery.â€
Ethics minister Nsaba Buturo said corruption had become a cancer which should not be politicised. He said people should work together to fight the vice.
The minister, however, was criticised by the participants, especially legislators, who accused the Government and President Yoweri Museveni of defending officials implicated in corruption because they are either historicals, fought in the guerrilla war or are staunch NRM members.
“Parliament has never approved Jeje Odongo as state minister for defence, but the President allowed him to get his salary. He has even let the Butabika Hospital land scandal die,†said MP Ross Euku (FDC).
THE PRINCIPAL Judge James Ogoola and the Inspector General of Government, Raphael Baku, have called for a constitutional amendment to shift the burden of proof in corruption cases to the accused.
“Corruption is not an ordinary crime. It is complex, sophisticated and they are now stealing using cyber. It is a white-collar crime, which calls for a change of the law and a highly trained and sophisticated Judiciary,†Ogoola said yesterday.
He said it is high time Uganda emulated Ireland, which has shifted the burden of proof from the prosecution to the accused in cases of corruption.
Ogoola made the remarks at the second Uganda Governance Forum in Kampala.
It was organised by the African Peer Review Mechanism and the Inspectorate of Government.
Baku concurred that corruption cases are difficult to handle, especially when judges demand proof beyond reasonable doubt, ‘and reasonable doubt depends on a particular judge handling the case’.
With syndicate corruption where mafia-like gangs are involved, the burden of proof must shift to the accused and not the prosecution, he noted.
Baku explained that: “When you come across a syndicate corruption case you can arrest the entire group like what we did in Makindye division and Bundibugyo. Unfortunately, because all of them are under arrest, you cannot get someone to give evidence.â€
Ogoola also commented that the creation of new districts was detrimental to the Judiciary because there are only 30 chief magistrates in the country yet each district should have one.
“With only one magistrate handling a million Ugandans, can justice be seen to be done? I am not against the creation of districts, but we must look at service delivery.â€
Ethics minister Nsaba Buturo said corruption had become a cancer which should not be politicised. He said people should work together to fight the vice.
The minister, however, was criticised by the participants, especially legislators, who accused the Government and President Yoweri Museveni of defending officials implicated in corruption because they are either historicals, fought in the guerrilla war or are staunch NRM members.
“Parliament has never approved Jeje Odongo as state minister for defence, but the President allowed him to get his salary. He has even let the Butabika Hospital land scandal die,†said MP Ross Euku (FDC).