KAMPALA– High Court judge has declined to issue orders stopping the charges of kidnap and extortion of over Shs1.4b from three Korean nationals that were slapped against the suspended Kampala South Metropolitan police commander Siraje Bakaleke before the Anti-corruption court.
Justice Musa Sekaana declined to hear the application ex-parte saying there must be sound reasons expressed in a formal written application for a party to proceed with a case in court without a representative from government.
Mr Bakaleka in his application that he sought for an interim order says that his continued prosecution is an abuse of the discretion of the Director of Public Prosecutions (DPP) contrary to public interest, administration of justice and abuse of legal process.
According to his sworn affidavit, Mr Bakaleke says that the AG consented to the charges upon request by the CIID Commander, Kampala Metropolitan Police despite the fact that there was no sound evidence on file of which the DPP also states in his own letter dated May 22, 2018 something that prejudicing him.
However before court today Bakaleke through his lawyers; Sarah Nakachwa and Robert Ssenfuka asked court to suspend the charges before the Anti-corruption until his application challenging the said charges is heard and disposed of.
“We are requesting court under section 99 f the civil procedure act 71 as a disceration for this court to use its powers granted to stay any criminal proceedings against the applicant pending determination of this application,” Ms Nakachwa submitted.
The judge has now adjourned the hearing of Bakaleke’s main application to October 11, with orders that the application and fresh hearing notices be directly served to the office of the DPP who is concerned with the case .
On September 5, 2018, Grade one magistrate Moses Nabende issued summons against Bakaleke and other 6 police officers serving in different ranks to appear before him and plead to charges of kidnapping and wrongfully confining the 3 Korean nationals from whom they defrauded 1.4 billion shillings .