The Civil Division of the High Court in Kampala has dismissed an application by former Kampala South metropolitan police commander, Siraje Bakaleke in which he sought for a temporary injunction stopping the Director of Public Prosecutions from instituting charges on him.
Last week, the Anti-corruption Court in Kololo issued criminal summons against Bakaleke for failure to show up and answer charges together with eight others accused of abuse of office, conspiracy to defraud, kidnapping and abducting, and conspiracy to commit a felony for arresting, confining and extorting money from Koreans.
Through his lawyers from Nakachwa and Partners, Bakaleke petitioned the High Court seeking to stop his trial by the Anti-corruption court saying it is against public interest.
He said that his charge sheet was drafted by Police and the Director of Public Prosecutions endorsed which he says is wrong since the victims of the alleged crime never made statements.
“This application relates to powers of the DPP consenting to charges against our client which is in disregard of public administration of justice and it is an abuse of office,” the lawyers told court on Tuesday.
They asked court to use its powers under the Civil Procedure Act to stay any criminal proceedings against Bakaleke pending the determination of the main application.
However, Justice Musa Ssekaana declined to grant the orders sought for.
“This court shall not issue orders not grounded in the law,” Ssekaana ruled.
He adjourned the case to October 11 when the main application in which Bakaleke seeks to stop proceedings against him in the Anti-corruption court.
Bakaleke is accused together with city lawyer Mugoya Wanyoto, one Samwel Nabeta Mulowooza and 6 other police officers of offences related to abuse of office, kidnap and abducting with intent to confine a person, embezzlement, obtaining money by false pretence and conspiracy to commit an offense .
Bakaleke who is at the rank of Assistant Commissioner of police is said to have used his office and connived with a city lawyer Mugoya Wanyoto to defraud 415000 US dollars from the 3 Koreans .
Court documents show that after the wrongful arrest of the Koreans, Wanyoto obtained another USD 30,000 from them on false pretence that it was legal fees to represent them on the crimanl charges they were facing.
