HC: Anti corruption Division (Uganda)

Criminal law—theft—conspiracy to defraud—lack of mens rea—no common intention—prosecution failed to link accused to fraudulent scheme—key accomplices not called as witnesses—accused acquitted

Criminal procedure—private prosecution—money laundering—role of Magistrate—police investigation—application for restraining orders—no prima facie case—neutrality of magistrate—appeal dismissed

Criminal law—causing financial loss—electronic fraud—money laundering—corruption—abuse of office—USD 8.5 million fraud—USD 8.2 million recovered—bail—substantial securities and sureties—application allowed with strict conditions

Human rights—torture—unlawful detention—right to liberty—burden of proof—evidence standard—detention beyond 48 hours—detention in police custody—personal liability—public accountability—compensation—criminal trial upheld—no proof of torture.

Criminal law—corruption—asset recovery—restraining order—mortgagee interest—priority of registration—review—complicity—reasonable suspicion—Anti-Corruption Act—Section 62—legal interest—third party rights—stay lifted—order set aside

Criminal law—causing the making of a false document—East African Community Customs Management Act—obtaining money by false pretenses—conspiracy to defraud—proof of documentary evidence—defective charges—admissibility of exhibits—role of customs officers—standard of proof—setting aside conviction and sentence

Obtaining money by false pretence (UGX 18,500,000,000)—conspiracy to defraud (UGX 1,270,000,000)—money laundering—use of false identity—conviction & sentence

Bail—corruption—money laundering—fixed abode—substantial sureties—remand period—presumption of innocence—discretionary power—parity of bail—monitoring through technology—conditions precedent—judicial notice of MPs’ financial standing.

Bail—presumption of innocence—right to apply for bail—corruption—causing financial loss—abuse of office—electronic fraud—money laundering—judicial discretion—substantial sureties—flight risk—interference with investigations—fixed place of abode—public interest—national financial security—bail terms—conditional release.

Corruption—public official—solicitation and acceptance of gratification—bribery—evaluation committee—due diligence—contract awarding—digital forensics—WhatsApp evidence—recorded conversation—conviction—sentencing—fine and imprisonment—ban from public office

Criminal procedure—advocate—right to a fair hearing—trial delay—abuse of court process—judicial discretion—case management—prosecution misconduct—failure to enforce surety bonds—costs

Criminal law—causing financial loss—section 20(1) of the Anti-Corruption Act—erroneous bank credit—utilization of funds without verification—knowledge or reason to believe loss would occur—circumstantial evidence—burden and standard of proof—intent to cause loss inferred from conduct—actual loss proved—conviction.