Kampala, Uganda –In April, renowned City Lawyer David Balondemu leveraged his legal knowledge and wrote a petition, transmitting the same to the Chieftaincy of the Defense Forces (CDF), Gen Muhoozi Kainerugaba, accusing one of the units at State House, of conducting a systematic web of witch-hunt against him under the pretense of prosecuting him over what he called bogus fraud criminal cases.
Balondemu avowed that using the above cases centered on disputed government brokerage transactions and disputed gold transactions, the State House Anti-Corruption Unit (SHACU), led by Maj Gen Henry Isoke blackmailed and extorted money from him, on top of impounding and detaining his personal properties, including a Land Cruiser V8, and mobile phones.
Presently serving as the Chairman of Kampala District Land Board (KDLB), Balondemu tendered to Gen Muhoozi a picture of a young man under handcuffs, and contended how the subdued gentleman was one of the operatives of Maj. Gen Isoke’s unit, and also a soldier at the rank of a Lieutenant. He said the same had just been arrested by the soldiers from the unit that guards the President, for ostensibly demanding and receiving a bribe worth USD10,000.
In a swift response, the State House unit underlined that the intention of Balondemu’s claims was to distract them from probing and prosecuting him over cases of fraud. The unit then vowed to continue with their investigations and also bring up fresh charges against the prominent lawyer. A few days later, the unit lived to their vow and introduced a new set of criminal charges including one centered on the disputed gold transactions and disputed land transactions.
No Crime Case Detected!
Be that as it may, a magistrate in Kampala, Her Worship Mariam Nankya, this week dismissed all the criminal cases that Maj Gen Isoke had opened up against Balondemu. Notably, the magistrate declared that she had taken the decision, especially since prosecution, and or, Maj Gen Isoke’s unit had failed to produce witnesses to justify the criminal cases they had brought against the lawyer.
The dismissal of the case, underscores our prophesy where we had declared Balondemu’s prosecution as being a non-starter. That was immediately after Balondemu had been arraigned and remanded in Luzira prison. We underlined then, that the unit had launched the prosecution of Balondemu in error. This view, especially since the unit was headed by a soldier, who could not therefore, reject the orders of his commander-in-chief, Gen Yoweri Museveni to whom the investors had complained about Balondemu.
We further opined that the complainants would not appear in court for purposes of tendering evidence since their allegations were centering on money laundering. This stance, since the purported victims themselves had in the first-place smuggled money into the country and spent the same to controversially purchase gold. For that matter, they could not dare come to court, well aware that lawyers were waiting to expose them as the criminals, during rounds of rigorous cross-examination and yet who had come to court to seek justice with unclean hands.
Nevertheless, the unit is at liberty to appeal against the acquittal of Balondemu if they choose so. Even so, Gen Isoke needs to humble himself and use the acquittal to streamline how they prosecute cases in interest of their image. Balondemu’s acquittal quickly evokes memories of another which involved masons who were grabbed by Gen Isoke’s operatives in Ntinda, while clearing a site for a party who had been declared by court as the rightful proprietor of the property.
Despite the clearance of the exercise by the police, the operatives of Gen Isoke went ahead and stormed the property and conducted the arrest of the masons, and arraigned them before the court of law. But the learned Director of Public Prosecutions (DPP), Justice Jane Frances Abodo, in order to save face since she is the one charged with the prosecution of criminal cases, wrote to the trial magistrate and directed her to withdraw the charges which she did.
Before that, the unit had attacked the mighty Investigator, vowing to investigate us for reporting that they disregard court orders. They claimed how we were machineries of fraudsters and land grabbers, who were using us to blackmail and distract them from fighting land grabbers and fraudsters. You can imagine!
The Last Laugh
Maj Gen Isoke’s unit now faces a critical juncture. They can appeal the acquittal, though it would be prudent for Gen Isoke to reflect on this defeat and refine their prosecution strategies to preserve their credibility. Balondemu’s acquittal echoes past incidents involving the unit, such as the controversial arrest of masons in Ntinda, which also ended in acquittal following intervention by the Director of Public Prosecutions (DPP), Justice Jane Frances Abodo.
Notably, this saga calls into question the unit’s adherence to legal protocols and its motives. Their prior attempts to investigate the media, including our publication, for reporting their alleged disregard of court orders, only add to the controversy. They had accused us of being tools for fraudsters and land grabbers—a claim that, in light of recent developments, seems increasingly tenuous.
As Balondemu basks in his legal victory, the broader implications of this case reverberate through the corridors of power. It remains to be seen whether Maj Gen Isoke’s unit will regroup and address the procedural flaws exposed by this high-profile acquittal. For now, the ball is in their court, and the public awaits their next move with bated breath.
In the interim, we invite our readers to draw their own conclusions about who stands on the right side of justice in this unfolding drama—Maj Gen Isoke or The Investigator. One thing is clear: in this round, Balondemu and the rule of law have prevailed.
Author Profile
- Mr. Stephen Kasozi Muwambi is a seasoned crime investigative writer, majoring in judicial-based stories. His two decades’ experience as a senior investigative journalist has made him one of the best to reckon on in Uganda. He can also be reached via [email protected]
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