The Anti-Corruption Court in Kampala has set free former Principle Accountant in the Office of the Prime Minister (OPM) Geoffrey Kazinda of all offences levelled against him.
A panel of five justices led by Stephen Musota has also granted all the declarations Kazinda sought in the petition.
Others on the panel are Kenneth Kakuru, Geoffrey Kiryabwire, Cheborion Barishaki, and Ezekiel Muhanguzi issued an order permanently prohibiting the state from using any process of court to initiate and prosecute Kazinda for any offences founded on the same facts in connection with his former employment.
The two judgments were delivered on Friday by deputy registrars of the two courts.
In one of the rulings by Justice Elizabeth Musoke, she said the burden of proof is so that whoever asserts must prove and if asserts and doesn’t Prove then he must fail.
“The essential defraud elements of the offences of embezzlement and conspiracy to defraud had to be proved beyond reasonable doubt.
The proper test is that an accused is bound to be convicted if the evidence establishes her/him guilty beyond reasonable doubt.
After full consideration of the facts, the evidence and submissions of the counsel on all sides, we find that the offense of the conspiracy to defraud was not proved by the prosecution to the required standard,” Justice said in her judgment.
“We accordingly allow the appeal and make the following orders,” she added.
The conviction of the first appellant of the offences of s embezzlement and conspiracy to defraud is quashed and the sentences set aside.
The conviction of the 2nd and 3rd appellants of the offence of 20 Conspiracy to Defraud is quashed and the sentences imposed set aside.
We order that the 1st, 2nd and 3rd appellants be set free forthwith unless held on other lawful charges.
