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Attorney General asks court to dismiss Basajjabalaba case

By Edward Anyoli

Added 1st August 2020 04:08 PM

Basajjabalaba is facing a separate charge of forging judicial proceedings claiming to have entered a consent judgment with the AG for payment of over sh142.6b that was not subject to any taxes.

Attorney General asks court to dismiss Basajjabalaba case

Hassan Bassajjabalaba

Basajjabalaba is facing a separate charge of forging judicial proceedings claiming to have entered a consent judgment with the AG for payment of over sh142.6b that was not subject to any taxes.

COURT|CRIME

The Attorney General (AG) has asked court to dismiss an appeal fi led by city businessman Hassan Basajjabalaba seeking to block his trial over sh142b.

Through the commissioner of civil litigation, George Kallemera, and state attorney Imelda Adong, the AG yesterday asked the Justices of the Supreme Court to order Basajjabalaba's trial in the Anti-Corruption Court.

Kallemera told court that the charges of conspiracy to defeat tax law and uttering false documents preferred against Basajjabalaba and his brother, Muzamiru Basajjabalaba, by the Director of Public Prosecutions (DPP) are proper.

"We pray that this honorable court adopts the above findings and throws the petition out with costs to the respondent (AG)," Kallemera said.

He added that the trial has been halted since 2013 by Basajjabalaba, yet it is an important matter of public interest, which needs to be handled expeditiously.

Justices Esther Kisaakye, Stella Arach-Amoko, Prof. Lillian Tibatemwa, Ezekiel Muhanguzi, Mike Chibita, Faith Mwondha and Percy Tuhaise presided over the hearing of the appeal. The judgment has been put on notice.

Basajjabalaba petitioned the Supreme Court after losing an appeal in the Constitutional Court in which he failed to block his trial at the Anti-Corruption Court on that premise that they were charged twice, both at the Buganda Road and Anti- Corruption Court.

Through his lawyers John Mary Mugisha, Caleb Alaka, Kyazze Ssemwogerere and Samuel Muyizzi, Basajjabalaba argued that the charges against him and his brother are defective, a claim the Constitutional Court dismissed.

Alaka said the charge of conspiracy to defeat tax law is speculative and does not specify what tax law Basajjabalaba defied.

"You cannot be charged with conspiracy to defeat tax law when there are many tax laws. There must be precision about the charges so that an accused person knows the charges properly," Alaka said.

He said the charges were sanctioned by Resident State Attorney, yet it was supposed to be sanctioned by the DPP. The lawyers want court to stop prosecution of Basajjabalaba and his brother.

However, Kallemera argued that the Constitutional Court properly evaluated evidence on record, applied it to the law and arrived at a correct decision that Basajjabalaba and his brother should be tried for the offences of conspiracy to defeat tax law and uttering false document.

 CHARGES

Basajjabalaba is facing a separate charge of forging judicial proceedings claiming to have entered a consent judgment with the AG for payment of over sh142.6b that was not subject to any taxes.

It is also alleged that the two brothers between 2010 and 2011 in Kampala district, conspired to prevent or defeat the execution or enforcement of tax in respect of taxes amounting to over sh20.1b arising from a compensation award by the Uganda Government to Haba Group Uganda Ltd, which they own.

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