The Chief Magistrate – Buganda Road, His Worship Ronald Kayizzi issued a strong warning to city businessman and company director at Taifa Partners Limited, Emmanuel Asiimwe for raising unlimited excuses that result into jumping court sessions.
Asiimwe, who is accused of forging and uttering false documents skipped court this week (on Monday and Friday) claiming he is unwell.
His lawyer Michael Byamukama who was holding brief for Counsel Junior Kanyamuyenga told court that his client is still battling stomach complications.
Earlier this week, Asiimwe’s lawyer told court that his client is suffering from diarrhea and not even male diapers could support him to stand in the dock for a few minutes.
His Worship Kayizzi adjourned the matter to May 13, 2024 and warned that if he fails to turn up, his bail will be cancelled and sent to prison where he can be monitored.
Despite having over six witnesses in every court session, the trial which started last year has failed to take off – not even a single witness has been cross-examined due to the excuses of sickness, traffic jam and bringing new lawyers on board.
Sources very close to Asiimwe revealed that he is trying to buy time to financially drain and frustrate the witnesses that travel all the way from Gulu.
“The man who was reported very sick on Monday was midweek seen in one of the bars in Ntinda downing them pints of Club beer before switching to his favorite Uganda Waragi – the spirit of Uganda,” a source intimated to us.
While skipping court, Asiimwe is buying time to lobby from relevant offices to be helped because he has a very bad case of forgery and all the available evidence pin him.
He earlier filed an application to challenge the expert report but the court advised his lawyer to withdraw it since it did not have any meaning. It was quashed through a court ruling on the basis that it was a bogus application least expected of a lawyer who attended a bar course.
Independent reports indicate that Asiimwe is not sick but worried about the bad case on his head, he was also sighted at the office of the Directorate of Public Prosecution (DPP) hoping from office to another seeking assistance.
However, the DPP’s office has distanced itself from the matter and insisted that the case must be heard since there is enough evidence on the file.
In one of the letters seen by this publication platform – referenced CPS Kampala CRB 386/2023, Uganda Vs Asiimwe Emmanuel, Catherine Namanya on behalf of the DPP clears the air.
“We have carefully perused and analysed the evidence in the file in light of the complaint lodged and find no merit in the complaint. There is sufficient evidence on record to show that the contested documents were forged. There is a forensic report to that effect on record. Since the matter is already in court and under hearing, the prosecution of the case should proceed to its legal conclusion. Let the court be given an opportunity to decide on the matter……..” the letter reads in part.
BACKGROUND OF THE FORGERY CASE
Asiimwe is aware he has a very bad case with evidence all over to pin him and does not have any sound defence. During the presentation pending cross-examination last year Okello pinned his co-director Asiimwe on forging his signature and making special company resolutions without his knowledge, and certified documents were submitted to the Chief Magistrate and put on court record.
Okello is a former worker at Asiimwe’s other company, Integrated Agritech Uganda Ltd as a mechanical engineer and was appointed director after he bought 5 percent shares in Taifa Partners Ltd.
He told court that after allotting him 5 shares, 10 shares were also allotted to Assa Tumwesigye (also director with powers of attorney) and Asiimwe was appointed the Managing Director with 85 shares in the company.
While serving as the Managing Director, he made a special resolution on November 23, 21 and appointed Okello a company secretary.
After a short time, he made another resolution transferring the 10 shares meant for Tumwesigye to himself. He possibly did this to acquire 95 percent shares to make it difficult for other shareholders to demand a poll in making decisions.
As a Managing Director with a sole signatory role, he accessed all the company accounts. At some point, Asiimwe recalled Okello from upcountry and told him to raise money so that they further grow the company but the latter was not in position to.
Asiimwe coerced him to sell his 5 shares and they were allotted to another investing company, Dapanti Union. With Okello and Tumwesigye ceasing to be directors at Taifa Partners Limited, Dapanti Union came on board. Later Okello was stripped of the role of company secretary.
He continued working as a mere company mechanical engineer till February this year when he ceased to have any business with Taifa Partners Ltd.
As the matter is adjourned to May 13, 2024, Asiimwe remains in trouble since the matter of forging resolutions to give self-powers of attorney, once prosecuted very well, attracts a life sentence.