Lwamafa, Obey defense stalls as lawyer skips case for poll petitions

May 18, 2016

"My lawyer told me that he is handling election petitions and will not be available to hear my case."

PIC:  Former public service ministry officials Jimmy Lwamafa (left), Christopher Obey (right) and Kiwanuka Kunsa (back, right)) leave the Anti-Corruption court on Wednesday. (Credit: Denis Dibele)

KAMPALA - Justice Lawrence Gidudu of the Anti-corruption Court was taken aback when a senior lawyer in the sh88b social security case said he will be unavailable for the hearing of his client's defense case for the whole month.

Evans Ochieng, who is representing former permanent secretary in the ministry of public service, Jimmy Lwamafa, wrote to the judge indicating that he will not be able to attend court till June, to handle his client's defense.

Lwamafa, Christopher Obey (principal accountant) and Stephen Kiwanuka Kunsa (former director of research and development at public service), had been brought to court from Luzira prisons - where they have so far spent 10 months - to give their defense to the allegations brought against them by the state.

Last week, Gidudu ruled that the trio have a case to answer in the 10 counts relating to diversion of sh88b irregularly budgeted as payment for social security.

It is alleged that Lwamafa, Obey and Kunsa diverted sh88.2b meant for NSSF in installments in two financial years. They first diverted sh44b in the year 2010/ 2011 and another sh44b in the year 2011/2012.

They are also accused of abuse of office, corruption, causing a financial loss, false accounting by public officers and conspiracy to defraud.

‘Liberty  is at stake'

 

"My lawyer told me that he is handling election petitions and will not be available to hear my case. And I would like to proceed with my defence in his presence," Lwamafa said when asked whether his lawyer, Ochieng, had communicated his absence to him.

This prompted Gidudu to task him to ask Ochieng to clearly state his position on whether he wants to continue representing him or not.

"I request you to have a chat with your lawyer so that he can put some commitment in this matter.

"Of recent his interest in the case has dwindled and I do not know why. I too have five election petitions to handle for six months and I do not want this matter stayed," said Gidudu.

He added that the defense case could not proceed in the absence of one advocate because it will affect his performance when he turns up later in court to represent his client.

"I want you to be convicted or acquitted because of the justice in the case not because of some unnecessary disadvantages. Speak to Ochieng and make him appreciate that your liberty is at stake," Gidudu said.

The lead state prosecutor in the case, Barbra Kauma, told court they were ready to receive the defence but that due to the absence of one of the assessors, court could adjourn the case to the next available date.

However, Kunsa and Obey's lawyers - Nsubuga Mubiru and John Isabirye - told court that they were ready to proceed with or without Ochieng.

In order to give time to Lwamafa to woo Ochieng back, Gidudu adjourned the matter until June 15.

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