On Wednesday, a panel of seven Supreme Court Justices led by Dr Esther Kisaakye granted the order staying the execution pending the determination of their appeal.
The Supreme Court has halted a decision by the Constitutional Court ordering for the trial of businessman Hassan Basajjabalaba over tax evasion.
The businessman is jointly charged with his brother Muzamiru Basajjabalaba for conspiring to defeat tax laws, forgery of a
judicial document and uttering a false document, before the Anti-Corruption
Court.
On Wednesday, a panel of seven Supreme Court Justices led by Dr
Esther Kisaakye granted the order staying the execution pending
the determination of their appeal. The other justices are Ezekiel
Muhanguzi, Faith Mwondha, Stella Arach Amoko, Mike Chibita, Percy Night Tuhaise
and Professor Lillian Tibatwemwa.
The application was granted after the Commissioner in-charge of Civil
Litigation in Attorney General's office, George Kallemera told the court that
he had been instructed to concede to the application seeking to stay the trial.
Through their lawyers led by John Mary Mugisha, the two argued that they
were to suffer irreparable damages if the trial resumes when there is a pending
appeal.
The 20 billion shillings tax that was not paid by the two stems from the
decision by the government to cancel Basajjabalaba’s lease contracts to develop
five Kampala city markets out of which he was compensated with 142 billion
Shillings for the loss caused to him.
A concerned citizen instituted private criminal proceedings at Buganda Road
Court accusing Basajjabalaba and Muzamiru of having failed to pay taxes
arising from the compensations.
They were summoned to court, charged and they pleaded not guilty to the offences
before being released on bail.
They were each asked to deposit 30 million cash shillings and Basajjabalaba was
asked to deposit his passport to court, which he later obtained to travel to
Nairobi. However, he was intercepted at Entebbe International Airport and
detained at Kireka Special Investigations Unit of Police.
On January 16, 2015, he was produced at the Anti-Corruption Court
where he was charged with similar offences to those that he had already been
charged for at Buganda Road. But the parallel proceedings at Buganda Road continued without his
knowledge.
However, they were later discontinued by the Director of Public Prosecution.
At the Anti-Corruption Court, the group was charged afresh and remanded
to Luzira Prison.
However, they decided to petition the Constitutional Court on grounds that the
DPP acted illegally by withdrawing charges against them at Buganda Road Court
in their absence.
They asked the constitutional court to declare the acts by the DPP as illegal. But the Constitutional Court ruled that there were violations
during the initial stages of the prosecution, but they declined to halt
proceedings against them.
The court directed the Registrar to transfer the file back to Anti-Corruption
Court such that their trial can resume.
