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Balondemu has been battling charges of obtaining money by false pretenses and conspiracy to commit a felony
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Kampala District Land Board chairperson, David Balondemu, left Buganda Road Court with a smile yesterday after it dismissed the charges of obtaining money by false pretenses which he had been battling since last year. The charges were dismissed by Grade One Magistrate Winnie Nankya Jatiko on the grounds that the prosecution had failed to produce witnesses to testify in the matter.
“This matter has been in court since September last year. The prosecution has been given several adjournments to produce witnesses, but it has failed. This matter is dismissed in accordance with Section 119 of the Magistrates Court Act, and the accused persons are hereby discharged,” Nankya ruled.
The magistrate added that the prosecution is at liberty to reinstate the case when it is ready to prosecute it.
Balondemu had been battling charges of obtaining money by false pretenses and conspiracy to commit a felony alongside Ronald Kizito Kaweesa, aka Denis Tumusiime, Geoffrey Eric Mkwe, and Joseph Ibona. The charge of obtaining money by false pretenses carries a maximum punishment of five years upon conviction, while conspiracy to commit a felony attracts a maximum punishment of seven years upon conviction. After the dismissal of the case, defense lawyer Hassan Kamba welcomed the court's decision, stating that justice had been served.
“You saw how these people were arrested and paraded before the media. It is surprising that no witness has been produced in court. We are very happy that the case has been dismissed. We thank the court for upholding the principle that justice delayed is justice denied,” Kamba said.
Kamba alleged that the charges against Balondemu were intended to kill his political career. Following his arrest, Balondemu said he was a victim of a witch hunt.
“I am a victim of a witch hunt, especially from St Balikuddembe (Owino) market predators, land grabbers, and jealous people,” Balondemu said.
The Charges
The prosecution alleged that the accused persons and others still at large, between November 2022 and April 2023, at Bloom Advocates located at Kingdom Building in Kampala, with intent to defraud, obtained $553,000 (about sh2.2b) from KG Unlimited LLC. The prosecution further alleged that while obtaining the money in question, the accused falsely pretended that they were going to award the company a contract for supplying agricultural drone sprayers and fertilizers from the Ministry of Agriculture, Animal Industry, and Fisheries, whereas not.
