KAMPALA – High Court Judge Musa Sekaana has set September 11 when court will hear the application in which the former Kampala South Regional Police Commander Siraje Bakaleke wants to be acquitted of charges of kidnap and extortion of Shs1.4b from three Korean nationals.
According to the court documents filed before the High Court Civil Division, the former police commander who sued the attorney general accusing him of consenting to the charges against him upon request by the CID Commander, Kampala Metropolitan Police despite the fact that there was no comprehensive evidence through the DPP.
Bakaleke says that he has never been produced in any court of law to take plea on the charges and 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.
“I cannot travel abroad and occupy any position of authority since I have pending criminal charges against me which the state has even failed to commence in spite having sanctioned the file for a period of over three months now,” he states.
He 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.
Bakaleke says that his aware that 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 court’s duty to exonerate the accused upon hearing’,” he avers.
Through his lawyers of Nakachwa & Partners, Mr Bakaleka wants a declaration that DPP acted irrationally in consenting to the charges against him and that they should be quashed until all investigations in respect of the file are complete.
He also wants an order prohibiting DPP from prosecuting him.