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Corruption trial: State moves to block Ssali’s bail application
Left to right: MPs Michael Mawanda, Paul Akamba, lawyer Julius Kirya, ex-Ministry of Trade PS Geraldine Ssali and Elgon MP Ignitius Mudimi Wamakuyu in the dock during the hearing of their case at the Anti-Corruption Court in Kampala on August 27, 2024. PHOTO | ABUBAKER LUBOWA
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In his affidavit D/SP Sowedi stated that Ms Ssali has the capacity to influence and interfere with witnesses by virtue of her previous appointment as permanent secretary/accounting officer of the said ministry the subject of the main case.
The state has asked the Anti-Corruption Court in Kampala to decline granting bail to the embattled former Permanent Secretary in the Ministry of Trade, Ms Geraldine Ssali.
Ms Ssali appeared before the presiding Judge Jane Kajuga on August 28 for the hearing of her bail application, seeking for a temporary release pending the hearing of her graft case.
However, prosecution led by Mr Edward Muhumuza while objecting to her bail application presented a sworn affidavit of D/SP Mohammed Sowedi, a detective working under the Criminal Investigations Directorate (CID) headquarters attached to the State House Anti-Corruption Unit (SHACU).
In his affidavit D/SP Sowedi stated that Ms Ssali has the capacity to influence and interfere with witnesses by virtue of her previous appointment as permanent secretary/accounting officer of the said ministry the subject of the main case.
“That applicant, whilst in office, severally obstructed police investigations so much so as to deny police accessing/retrieving relevant evidence from the Ministry of Trade, Industry and Cooperatives until her remand,” reads in part D/SP Sowedi's affidavit.
Court further heard that the hearing of the case has been fixed and as such there is no likelihood of delay in its prosecution and if released on bail, she may abscond since the charges against her are serious in nature involving colossal sums of money.
“That should the applicant be released on bail, there is a high risk of disposing of assets/proceeds of the crime thereby hampering tracing, identifying and seizure thereof it is just equitable and in public interest that this application is dismissed,” the court document further stated in part.
In her application, through he her lawyer, Ms Ssali raised five grounds in order to regain temporary freedom.
Among the grounds raised, Ms Ssali stated that she is a responsible citizen of this country who has served in different capacities including PS Ministry of Trade, a married mother of three children of tender age, with elderly parents with the financial ability to maintain and support them.
Ms Ssali told court that she has a fixed place of abode at Lubowa estate in Makindye Sabagabo in Wakiso District.
Ms Ssali also told court that she was ready to deposit her passport, National Identification card, her local council letter and lease certificate in her names if court finds it deem.
Court has set August 30 to rule on her bail application.
Ms Ssali, three Members of Parliament and some officials from the same ministry are facing charges of abuse of office, causing financial loss and conspiracy.
Her co-accused are three Members of Parliament (MPs); Michael Mawanda (Igara East), Ignatius Mudimi Wamakuyu (Elgon County) and Paul Akamba (Busiki County) alongside lawyer Julius Taitankoko Kirya and Leonard Kavundira, the principal cooperative officer from the Ministry of Trade.
According to the charge sheet, under the charge of abuse of office, the Director of Public Prosecutions (DPP), contends that Ms Ssali during the financial years 2021/22 while employed as the permanent secretary and assigned the role of accounting officer, irregularly introduced Buyaka Growers Cooperatives Society Ltd among the cooperatives to be compensated for the war loss by the government.
The DPP avers that Ms Ssali did this while knowing that Buyaka Growers Cooperatives was not on the list on the request for the supplementary budget dated August 4, 2021.
Under the charge of causing financial loss, it’s the prosecution’s case that Ms Ssali, during the financial years 2021/22 and 2022/23 while employed as the permanent secretary irregularly made payments to Kirya and Co. Advocates totaling over Shs3.8b meant for Buyaka Growers Cooperatives Society Ltd.
The prosecution says this was done in contravention of the Treasury instructions of 2017, knowing or having reason to believe that such an act would cause financial loss to the government.
On the count of conspiracy to defraud, it’s the prosecution’s case that Ms Ssali alongside MPs Mawanda, Wamakuyu and Akamba between 2019 and 2023 conspired to defraud government of more than Shs3.4b which was intended for the war loss compensation to Buyaka Growers Cooperative Society Ltd.
Others facing this particular charge of conspiracy to defraud are Mr Julius Kirya, the managing partner of Kirya & Co. Advocates, and Mr Leonard Kavundira, the Principal Cooperative Officer, Trade Ministry.
The new alternative charges that were introduced against the accused who are already on remand include; receiving stolen property against MPs Mawanda, and MP Wamakuyu, a new alternative charge of stealing by an agent and money laundering against Mr Kirya, and another new alternative charge of abuse of office against Mr Kavundira.
MP Mawanda under the charge of diversion of resources, is accused of having converted public funds amounting to over Shs1b for purposes unrelated to that for which they were intended for.
His counterparts Wamakuyu and Akamba are accused of converting public funds amounting to over Shs2.3b and Shs200m respectively for the same government compensation purpose.
Meanwhile the same court has granted MP Wamakuyu a cash bail of Shs35million while his sureties where bonded a non-cash bond of Shs50million.
Justice Kajuga ordered him to deposit his passport in court, surrender a certificate of his home title in Nsambya in Kampala district and also barred him from traveling out the country without the leave of court.
