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Bakaleke wants High Court to stop his kidnap and graft trial

Instead of facing the anti-graft court, Bakaleke has decided to seek relief from at the High Court’s Civil Division, asking it to block his impending trial grounds that the Directorate of Public Prosecution, the office prosecuting him, is abusing its discretion to press charges contrary to “public interest, administration of justice and abuse of legal process in its self.”

KAMPALA | Former Kampala South Regional Police Commander Siraje Bakaleke has asked the Civil Division of the High Court to stop his kidnap and corruption trial before Anti-Corruption Court, saying it’s “contrary to public interest.”

Bakaleke and six other police officers were summoned by the anti-graft court after they failed to show up when charges of kidnapping three South Korean nationals Ha Dongsub, Jang Seungkwon, Park Seunghoon, with the sole purpose of defrauding them were read last week.

Instead of facing the anti-graft court, Bakaleke has decided to seek relief from at the High Court’s Civil Division, asking it to block his impending trial grounds that the Directorate of Public Prosecution, the office prosecuting him, is abusing its discretion to press charges contrary to “public interest, administration of justice and abuse of legal process in its self.”

In his application, Bakaleke takes advantage of the unusual move in which his charge sheet was drafted by Police and the DPP Mike Chibita only consented to it.

He contends that such a move prejudices him since the DPP acted irrationally to consent to the charges yet there is no scintilla of evidence, on the face of it.

“That I’m squarely aware that the DPP is not supposed to be directed when exercising his discretion on whether to prosecute or not but the
law does not give a license for being reckless under the guise of “after all it is courts duty to exonerate the accused upon hearing,” he says in his affidavit in support of the his application of judicial review.

“That the right to prosecute and not to be directed or controlled by any authority is not absolute and must be interpreted alongside the constitutional mandate of the office of the DPP to have regard to the public interest, the interest of the administration of justice and the need to prevent abuse of legal process.”

Bakaleke, who is at the rank of Assistant Commissioner of Police and the aforementioned police officers are accused by the state for wrongfully arresting and confining Dongsub, Seungkwon , Seunghoon which the DPP says was in abuse of the authority and their offices.

Still in the same charge sheet, Bakaleke’s woes are compounded by the fact the DPP accuses him of conspiring with private citizens such as Paul Mugoya Wanyoto, a resident of Kiwatule and Samuel Nabeta Mulowooza the Managing Director of EyePower Eng. Co to defraud Mcklinley Resource company of $415,000.

But Bakaleke insists wants Justice Musa Ssekaana to quash the charges since according to him they are dead on arrival.

Bakaleke’s problems have accumulated since Inspector General of Police (IGP), Martins Okoth Ochola, a couple of months ago, suspended him once investigations into allegations of extorting $400,000 (Shs1.4 billion) from two South Korean nationals commenced.

Though former IGP Kale Kayihura had instructed that Bakaleke and his co-conspirators be tried at police disciplinary tribunal, but once Ochola took over, he ordered that they should be criminally charged in the courts of law.

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