high-court-2015-2_1.doc - Anti-Corruption Division THE...

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Anti-Corruption Division THE REPUBLIC OF UGANDA IN THE HIGH COURT OF UGANDA AT KAMPALA (ANTI-CORRUPTION DIVISION) HCT - 00 - AC - CM - 0005 - 2015 (Arising out of Criminal Case No. 070/2012) UGANDA ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: APPLICANT VERSUS GULINDWA PAUL AND TUMUSIIME ::::::::::::::::::::::::: RESPONDENT BEFORE: THE HON. JUSTICE DAVID WANGUTUSI R U L I N G : The Director of Public Prosecutions hereinafter referred to as the Applicant filed this application against Gulindwa Paul seeking orders that the hearing and delivery of judgment in HC–00–ACD–CSC-070/2012, in which the Respondent is an accused, proceeds in his absence. The background to this application is that on the 18 th day of June 2012, the accused person was charged with five others on several counts of tax evasion. Five of the accused persons later pleaded guilty to the offences, were convicted and sentenced; leaving the Respondent to undergo trial. The prosecution called 11 witnesses after which it closed its case. Both the state and defence counsel made submissions on whether the accused should be put on his defence or not. On 24 th April 2013, this Court found that the prosecution had established a prima facie case and put the accused on his defence. HCT - 00 - AC – CM - 0005- 2015 /1
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Anti-Corruption Division His right to call witnesses, make a sworn statement, an unsworn statement or to remain silent if he did not want to say anything, was explained to him. The matter was adjourned to 10 th May 2013 when he was expected to defend himself. On the 10 th May 2013, the Respondent did not appear in Court. His advocate told Court that he did not know where his client was. He further told Court that he had placed several phone calls, having failed to reach him, but all were in vain. Sureties were summoned who attended Court on 22 nd May 2013. They informed Court that they had failed to trace the Respondent. The Respondent did not come to Court or communicate. On the 27 th January 2015, one year and 7 months since the disappearance of the Respondent, the Director of Public Prosecutions filed this application. This application is seeking Court to proceed with the hearing of the case in the absence of the Respondent on the ground that the abscondment of the Respondent from Court has frustrated the right of the complainant to a speedy and fair hearing. Furthermore, that Ugx.1,908,278,739/= by way of tax stands to be lost if this trial is not brought to conclusion. This application was fixed for hearing, after serving Counsel for the Defendant Mr. Tusasiirwe who had acted on the Respondent’s behalf throughout. A notice was also placed in the New Vision Newspaper of 18 th February 2015. The summons read in part; “Whereas your attendance is necessary to answer to charges of; fraudulent evasion of payment of duty c/s 203 of EACCMA Act, 2009. HCT - 00 - AC – CM - 0005- 2015 /2
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Anti-Corruption Division You are hereby commanded to appear before the Court on the 23 rd day of March 2015 at 2:30pm in the forenoon/afternoon or soon thereafter as the case can be heard.” The meaning of this notice demanded personal attendance of the Respondent. He did not come
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  • Summer '17
  • allen dasu
  • criminal law, anti-corruption division

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