The Buganda Road Magistrates Court has withdrawn criminal summons earlier issued against several Diamond Trust Bank directors in the shs120 billion case with businessman Hamis Kiggundu.
The court had on Tuesday issued criminal summons against the bank’s founder Aga Khan, together with Massimo Mohamed Devji, Group Chief Executive Officer and Managing Director DTB (K) Ltd, Varghese Thambi, Chief Executive Officer DTB (U) Ltd and John Sitakange, Head of Credit DTB (U) Ltd over theft and other four counts including making false entries in financial ledgers, electronic fraud, uttering false documents and conspiracy to commit a felony.
However, on Wednesday, the Buganda Road grade one magistrate Valerian Tuhimbise withdrew the criminal summons after DTB lawyers faulted the move and argued that the matters in question are already before the High Court and the Supreme Court and that the summons were issued without full knowledge of the relevant facts.
“The Director of Public Prosecution (DPP) has pursuant to article 120 (3) (b) of the Constitution of the Republic of Uganda taken over criminal proceedings on this matter wherein you are the complainant,” the magistrate said while withdrawing the summons.
Consequently, the DPP has directed businessman Hamis Kiggundu to give “all reasonable information” pertaining the proceedings and furnish all documents in his possession or under his control to her office.
DTB recently filed an appeal against a ruling by the Court of Appeal in the Supreme Court.
The court is yet to set a date for hearing of the case.