[2014] UGHCACD 4

[2014] UGHCACD 4

The prosecution failed to prove beyond reasonable doubt that Rose Mary Tibiwa committed any of the offences charged. On the counts of abuse of office, the evidence showed that the accused followed established procurement procedures and did not act arbitrarily or prejudicially to her employer. There was no credible evidence that she initiated or directed irregular procurement, nor that her actions resulted in loss or prejudice to the government. On the embezzlement charge, the prosecution did not establish that the accused stole any money or had the requisite stewardship over the funds alleged. The evidence only showed payments made to the hotel for services rendered, with no proof of...

Citation
[2014] UGHCACD 4
Parties
Applicant: Uganda; Defendant: Rose Mary Tibiwa
Court
HC: Anti corruption Division (Uganda)
Jurisdiction
Uganda
Judgment Date
20 May 2014
Case Number
HCT-00-SC 90 of 2013
Procedural Posture
Criminal Trial / Judgment
Outcome
acquittal
Legal Topics
Abuse of Office, Embezzlement, False Accounting, Public Officer Liability
Source Language
English
Criminal Law Administrative Law Abuse of Office Embezzlement False Accounting Public Officer Liability

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Parties

Uganda

Applicant

Rose Mary Tibiwa

Defendant

Procedural Posture

Criminal Trial / Judgment

Legal Issues

  1. 1 Whether the accused, Rose Mary Tibiwa, committed abuse of office under section 11(1) of the Anti Corruption Act.
  2. 2 Whether the accused embezzled funds belonging to her employer, the Government of Uganda, under section 19(a) of the Anti Corruption Act.
  3. 3 Whether the accused committed fraudulent false accounting under section 22 of the Anti Corruption Act.

Ratio Decidendi

The prosecution failed to prove beyond reasonable doubt that Rose Mary Tibiwa committed any of the offences charged. On the counts of abuse of office, the evidence showed that the accused followed established procurement procedures and did not act arbitrarily or prejudicially to her employer. There was no credible evidence that she initiated or directed irregular procurement, nor that her actions resulted in loss or prejudice to the government. On the embezzlement charge, the prosecution did not establish that the accused stole any money or had the requisite stewardship over the funds alleged. The evidence only showed payments made to the hotel for services rendered, with no proof of...

Court Disposition

acquittal

Orders

  • The accused, Rose Mary Tibiwa, is acquitted on all four counts.
  • She is to be set at liberty unless charged with any other offence.