Southern Sudan files petition against acquitting undersecretary

By Mabior Philip

May 26, 2010 (JUBA) — Southern Sudan’s regional government has filed a petition to the Court of Appeal, contesting the decision of Juba County Court of Magistrates of First Class in Greater Equatoria Circuit, for dismissing a case against Josephine Lagu Yanga, an undersecretary for Higher and Tertiary Education at the Ministry of Education , Science and Technology.

The Prosecutor General at the Ministry of Legal Affairs and Constitutional Development argues in a document viewed by Sudan Tribune that the prosecution has made a case against the accused Lagu, which would warrant her conviction under section 351 of the Penal Code of 2008, but the court dismissed it.

“We humbly submit that the court has erred in a key issue by dismissing the case against the accused under section 226 of the Code of Criminal Procedure 2008”, the Prosecutor General said.

The accused was indicted last year on criminal charges under section 351 of the Penal Code of 2008, for depositing $323,060 meant to cover the tuition fees of students in East African countries into a private bank account of an individual by the name of Arim Felix, instead of sending it to the bank accounts of GOSS liaison offices in Nairobi and Kampala.

Juba County Court of Magistrates for Greater Equatoria Circuit, presided over by Obej Denong with the powers of High Court, dismissed the case on 30/4/2010, under section 226 of the Code of Criminal Procedure 2008. The court based its decision on finding that the accused was not entrusted with the money and it was Felix, a Ugandan national, who misappropriated the money, thereby causing a wrongful gain for himself and wrongful loss to the Ministry of Education.

The Court also considered that nothing indicates that the accused Lagu aided Felix in misappropriating the money. It also said that the prosecution did not join Felix as an accused along with Atem Kuir, who played the same role which the accused did by signing prosecution document no. 3, whereby the money was sent to Felix.

In a letter written on the 10th of May 2010, the Prosecutor General stated that the Court of Appeal said that the court’s decision to consider the accused not to have been entrusted with the money is profoundly surprising.

“The accused is the chief administrator in the ministry of Education, Science and Technology as far as matters related to Higher and Tertiary Education is concerned. No money can be disbursed without her instructions and she is the primary signatory to the Higher and Tertiary Education account in the Bank of Southern Sudan as the evidence adduced indicated,” the Prosecutor General said in a document.

The prosecutor General also argued that the Court directed its attention to the first part of the definition of criminal breach of trust by saying it is Felix who misappropriated the money and not the accused Lagu.

“It was pursuant to the accused instructions that the money was sent into Felix’s account. Hence, the accused ‘willfully suffered’ Felix to dishonestly convert the money into his own benefit within the meaning of section 348 of the Penal Code, 2008”, the petition stated.

Besides, the government asserts that it is not true that the prosecution did not join Felix as an accused. “He was co-accused but had his case separated because he was in Uganda and facing criminal prosecution undertaken by GoSS liaison office in Kampala”.

According to the document, Atem Kuir, who is now the acting undersecretary for Higher and Tertiary Education in the Ministry, was acting on the instructions of his senior.

“Regarding Mr. Atem Kuir, he could not be considered an accused because he acted in the execution of the directives of the accused in signing the prosecution document no. 3 as the secondary signatory.”

The Prosecutor general said the appeal is against the exercise of the Courts’ powers under section 264 of the Code of Criminal Procedure of 2008.

(ST)