The Constitutional Court has stopped the Anti- Corruption Court from continued trial of former principal accountant in the Office of the Prime Minister (OPM) Geoffrey Kazinda in six cases.
Kazinda petitioned the court arguing that he is being tried again in six other prosecutions at the High Court yet he had already been prosecuted over the same cases.
On Friday, four of the five justices of the Constitutional Court ruled that Kazinda had earlier been prosecuted and convicted of offences relating to constructive possession of financial instruments whereas other cases are either ongoing or have been withdrawn by the state.
“The double jeopardy rule prevents a person from being tried again for the same crime. In simple terms, no one should be punished twice for the same crime. Similarly, a person cannot be convicted twice on two different charges arising from the same conduct unless they are significantly different,” Justice Stephen Musota said in the lead judgment.
“In the instant case, the petitioner alleges a number of trials at the Anti-Corruption division of the High Court. The numerous trials for offences similar in character amounts to deprivation of the right to fair hearing and contravenes Articles 28(1) and (9) of the Constitution.”
The judges ruled that failure to adhere to provisions of the Constitution would lead to duplicity of charges against an accused person which infringes on their right to a fair hearing.
“I reiterate my earlier finding that the successive trials against the petitioner deny him a right to a speedy trial and consequently, he cannot have adequate time to prepare his defence.”
“I do hereby grant all the declarations sought in the petition,” Justice Stephen Musota ruled.
The latest development means trial of Kazinda in six cases has been stopped but there are still other cases he is still battling with and has consequently been returned to Luzira.