State asks Balondemu’s lawyer to recuse self from forgery case

The state prosecutor in a case in which embattled chairperson of Kampala district land board, Mr David Balondemu is accused of forgery has asked court to have one of his lawyers recuse himself.

The jailed land boss had appeared before the presiding Buganda Road Chief Magistrate Ronald Kayiizi for the hearing of his bail application.
However, prosecution led by Ms Viola Tusingwire asked the case to be deferred, arguing that she did not have the police file. She also argued that she needed more time to allow Mr Balondemu’s counsel, Mr Robert Bautu recuse himself from the case.

“Your honor, I pray that Mr Robert Bautu recuses himself from representing the accused person because he is a state witness,” Ms Tusingwire told court.
But when the chief magistrate asked Mr Bautu who was present in court if he had recorded a statement with the police, he responded in negative.

"I do not recall making any statement at the police station. However, I'm willing to recuse myself from handling the bail application pending production of evidence by the prosecution that I indeed made a statement," Mr Bautu told the court.
Mr Kayiizi further remanded Balondemu until Wednesday.
A source at court revealed that the list of prosecution witnesses include

 mong the witneeses to be produced in court a state attorney, a grade one magistrate grade one magistrate, a senior lawyer in the city and Mr Bautu himself.
Mr Balondemu faces three charges, including two counts of forgery and one of conspiracy to commit a felony to which he has denied.

The Court has heard that Balondemu who was recently arrested at Entebbe International Airport, his co-accused  Dr  Hassan  Ssegujja, a medical doctor at Mulago National Referral Hospital who has not been present in court  and others still at large in 2023 at Kampala Hospital knowingly and fraudulently made a false document , a prescription medical form dated November 7, 2023.
It is also alleged that Dr Ssegujja and Mr  Balondemu knowingly and fraudulently made a false document, a CT scan medical form dated June 12, 2023 at Kampala Hospital.

According to the charge sheet Balondemu, Ssegujja and others still at large in the year 2023 at Kampala Hospital Kampala City knowingly and fraudulently made a false document to wit a prescription medical form dated November 7, 2023, a CT scan medical form dated June 12, 2023 and conspired to commit a felony.
They used the forged documents to secure bail for Mr Balondemu in a fraud case against him.

In July the presiding grade one magistrate, Ms Winnie Nankya dismissed the fraud case against Mr Balondemu after the prosecution failed to present a witness despite being given several adjournments.
Mr Balondemu had been accused of fraud in connection with obtaining more than Shs2 billion from a United States based firm, KG Unlimited LLC together with his co-accused; Mr Joseph Ibona, an accountant Bloom Advocates Limited and another lawyer Eric Geoffrey Mkwe.

While applying for bail, Balondemu allegedly presented forged documents to Grade One Magistrate Nankya's court, stating he was scheduled for surgery at Kampala Hospital, as grounds for temporary release from prison.
[email protected]