City businessman and Company Director at Taifa Partners Limited, Emmanuel Asiimwe who is accused of forging and uttering false documents left many people in a fully parked court shocked by admitting to have committed the offences.
This happened last week after the Chief Magistrate – Buganda Road Court, His Worship Ronald Kayizzi guided the businessman to reveal the truth so as to give a leeway to the out of court settlement. Just like a drowning man who looked for support from a serpent, Asiimwe let the cat of the bag when he put it on court record that the complainant was a beneficiary of the fraudulent bank resolution and Powers of Attorney that were ‘signed’ by the Company Secretary Charles Okello.
By saying this, he incriminated himself that he forged the signature of his Company Secretary who is a top witness in the same court matter. Ironically the person Asiimwe claims was a beneficiary is the main complainant against his fraudulent activities.
Asiimwe who was not coached properly by one of his many lawyers, Junior Kanyamuyenga mixed up the criminal matters with a commercial dispute.
Despite the guidance by the Chief Magistrate, he continued to confuse court by failing to explain whether it was the commercial dispute that lured him into committing a crime of forgery.
On the inquiry by the Chief Magistrate, the complainant revealed that he has nothing personal against the accused. He said that the charges against the businessman are purely criminal in nature and nothing commercial in them.
The accused forged the documents and it gives him a criminal liability.
STATUS OF THE FILE
In order to delay Justice, Asiimwe who earlier kept dodging court, changing lawyers and feigning sickness (acute diarrhea) managed to pull out the file from Buganda Road Court back to DPP’s office for perusal.
This is not the first time, he is lodging a baseless complaint. The complaint, similar in nature and presentation was earlier quashed by the DPP.
In her letter to the Resident State Attorney at Buganda Road court in November, the DPP guided that the trial should proceed.
However, through his lawyers M & K Advocates, Asiimwe lodged another complaint on May 1st, 2024 to DPP whose contents are similar to the earlier complaint that was quashed.
The letter which this Publication has seen titled “Complaint regarding prosecution of Case Vide Crim No. CRB 386/2023 Uganda Versus Asiimwe Emmanuel goes on to indicate that on the 23rd day of August 2023, Asiimwe was arrested and detained at CPS and was later arraigned before the Chief Magistrates Court of Buganda and charged with ten counts.
3 counts of forgery contrary to section 342, 345 (d) (i) and 347 of the penal code and 5 counts of uttering false documents contrary to sections 351 and 347 of the Penal Code Act.
“Our client pleaded not guilty to the charges and was subsequently released on bail on the 25th of August 2023 pending trial to before the Chief Magistrates Court of Buganda Road by His Worship Ronald Kayizzi. On the 10th October 2023, our client lodged a complaint to the office of the Director of Public Prosecution. Our client has never been informed out the outcome of the investigations until 30th of April 2024. Our client is not satisfied with the outcome of the investigation.
Since the complaint was lodged, our client has found out more information and concerns that he would bring to the attention of your office for further review and guidance,” the letter to the DPP partly reads.
WAY FORWARD
This above complaint however is not different from the one that was lodged by Asiimwe’s lawyers on October 2nd, 2023. It should be noted the lawyers erred saying their client has never been informed of the outcome when actually, they are in possession of the DPP’s visible reply.
On November 3rd, the Regional DPP Kampala Catherine Namakoye wrote to the Resident State Attorney, Buganda Road on the matter registered vide CRB 386/2023 of Uganda versus Asiimwe Emmanuel.
“Reference is made to the above matter and a complaint addressed to this office from M & K Advocates on behalf of the accused seeking for review of the case file. 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 the logical conclusion. Let the court be given an opportunity to decide on the matter. The file is hereby returned for your further handling…..,” the DPP’s letter partly reads.
VERDICT
According to the legal experts, the accused is wasting Court’s time. He has tried all means to frustrate the hearing of the case by changing lawyers all the time and feigning sickness. All the issues raised in his complaint are triable and he has a right to challenge or deny them during trial.
“It is very unfortunate that the accused keeps forwarding baseless complaints to the office of the DPP yet a proper investigation was carried out by the same office.
The accused’ numerous complaints are another tool to delay further the trial at Buganda Road Court. This is very unfair to the complainant and the witnesses who travel long distances every time the court is in session.
The main witness tendered his evidence in court in November last year but the accused’s lawyers deliberately refused to cross examine him. Justice delayed is justice denied.
The Accused complaint is a waste of Court’s time and it should be ignored,” the legal experts weigh in.
FACTS OF THE CASE
The facts are that Okello Charles’ (former Company Secretary) signatures were forged by the accused person for the purposes of revoking the Powers of Attorney previously granted by the Company (Taifa Partners Ltd) to Assa Tumwesigye to be their authorized representative for the contract reference UPN/WRKS/2020 – 21/00490 under Uganda Prisons Service.
Contrary to Asiimwe’s claims, the above matter was handled under Company Petition No. 21783 of 2023 by URSB and the forged documents (Company resolution and powers of Attorney) were all expunged from the URSB registry.
Assa Tumwesigye holds valid Powers of Attorney of the Company as per the URSB ruling and order.
Okello Charles though he ceased to be a member of the Company is a competent witness in this criminal case and there is no law that requires a witness to be a member of the Company especially when it is his signature that was severally forged by the Accused.
It should be noted that the forgeries were all committed before another shareholder Davanti Union Ltd came on board as a shareholder and member of the Company. To shy away from the truth, the accused is trying to use Davanti Union Ltd as a scapegoat for his crimes.
The accused has the liberty of getting his own handwriting expert report which can be used in his defense and this cannot be the work of the DPP to procure an expert report when it already has a report from the prosecution /police.
Watch this space…