The Court of Appeal and Constitutional Court on Friday ordered the immediate release of Geoffrey Kazinda who was sentenced in 2013 by the Anti-Corruption Court after finding him guilty of corruption and abuse of office.
The two Courts cancelled all criminal prosecutions against Mr Kazinda, and further ordered he should never be prosecuted over the same mater again in any court.
The two judgments were delivered on Friday by deputy registrars of the two courts.
In one of the rulings by Justice Elizabeth Musoke, she said the burden of proof is so that whoever asserts must prove and if asserts and doesn’t Prove then he must fail.
“The essential defraud elements of the offences of embezzlement and conspiracy to defraud had to be proved beyond reasonable doubt.
The proper test is that an accused is bound to be convicted if the evidence establishes her/him guilty beyond reasonable doubt.
After full consideration of the facts, the evidence and submissions of the counsel on all sides, we find that the offense of the conspiracy to defraud was not proved by the prosecution to the required standard,” Justice said in her judgment.
“We accordingly allow the appeal and make the following orders,” she added.
The conviction of the first appellant of the offences of s embezzlement and conspiracy to defraud is quashed and the sentences set aside.
The conviction of the 2nd and 3rd appellants of the offence of 20 Conspiracy to Defraud is quashed and the sentences imposed set aside.
We order that the 1st, 2nd and 3rd appellants be set free forthwith unless held on other lawful charges.
Hon. Lady Justice Percy Night Tuhaise participated in the writing of s the final judgment and approved the same, but could not sign it owing to her elevation to the Supreme Court.
