Uganda: DPP Butera Delays Muhwezi Prosecution
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The Monitor (Kampala)
11 October 2008
Posted to the web 11 October 2008
Grace Matsiko
Kampala
The Director of Public Prosecutions (DPP), Mr Richard Butera, has declined to sanction armed robbery charges against former Health minister Gen Jim Muhwezi.
Mr Butera, told Saturday Monitor yesterday, that he has sent Mr Muhwezi's case file back to the Criminal Investigations Directorate (CID) after he discovered there was need for further inquiries. "They (Police) did bring the file," Mr Butera said. "We thought there was need for further investigations. After those investigations we will look at it again."
Mr Muhwezi, the Rujumbura County MP, yesterday appeared at the CID headquarters for further questioning on allegations of robbery after Police extended his bond last week. The claims stem from the September 25 alleged attempted robbery at Stanbic Bank, Garden City branch.
Section 287 of the Penal Code Act describes attempted robbery as 'any person who assaults any other person with intent to steal anything and at, immediately before or after the assault, uses or threatens to use actual violence to any person in order to obtain the intended property.'
On conviction by a magistrate's court, the person accused of attempted robbery is liable to imprisonment for seven years and on conviction by the High Court, to imprisonment for life. Police suspect that city businessman Justus Kashoma, who was arrested as he attempted to withdraw money from the bank, may have been acting in conjunction with Gen. Muhwezi.
The origin of about Shs10 billion that had been wired to the businessman's account is at the heart of the Police investigations. Gen. Muhwezi has admitted to being in contact with the businessman but denies any involvement in the alleged robbery. Mr Kashoma, who denies any wrongdoing, was one of six suspects who were charged with aggravated robbery at Buganda Road court in Kampala and remanded at Luzira Prison last week.
Gen. Muhwezi, last week issued a statement in Parliament claiming he would be charged over the matter as part of an attempt to frame him over his strong criticism of Security Minister Amama Mbabazi's involvement in the controversial Shs11 billion Temangalo (Wakiso) land deal with the National Social Security Fund (NSSF).
Senior Police officers, Saturday Monitor spoke to said, CID detectives are stuck with Mr Muhwezi case file in light of emerging political overtones the high profile case has brought. But the Inspector General of Police, Maj. Gen. Kale Kayihura, denied there are any hitches in the inquiry describing such reports as "lies and rumour mongering".
"There is no need to be anxious," Gen. Kayihura said. "He (Muhwezi) has not been detained. This is not the first time he has appeared at CID. Mr Muhwezi has appeared before on Gavi (Global Alliance for Vaccine Initiative) funds. Investigations and prosecutions are handled like any other case," he added.
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When asked if the DPP has received the file and the reason for delaying to sanction or veto Mr Muhwezi case, Gen Kayihura said, "That is an internal matter". Last Tuesday, Gen. Muhwezi made a charge-and-caution statement at CID before being released on Police bond.
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