By Karim Were
The Supreme Court has upheld the conviction of former Equity Bank Uganda employee David Sserwamba Musoke, using the case to reaffirm the limited scope of second appeals and the importance of raising legal challenges at the appropriate stage of criminal proceedings.
In a ruling delivered on Tuesday, a panel of four justices dismissed Musoke’s appeal against convictions for embezzlement and money laundering linked to the fraudulent withdrawal of USD 1.45 million from customer accounts. The court held that most of the grounds raised by the appellant concerned factual disputes that had already been conclusively determined by the trial court and the Court of Appeal.
Musoke had argued that the lower courts relied on hearsay evidence, improperly admitted electronic records, and failed to address alleged violations of his rights during investigations. He also challenged the authenticity of CCTV footage and electronic banking records, claiming the prosecution withheld evidence that could have aided his defence.
However, the Supreme Court ruled that under Section 5(2) of the Judicature Act, its role on a second appeal is restricted to questions of law. The justices emphasized that the court cannot revisit factual findings unless it is demonstrated that the Court of Appeal reached a decision unsupported by the evidence or committed a clear legal error.
The court further observed that concerns about the authentication of CCTV footage, transaction records and bank system printouts had already been addressed by the trial court and were not properly pursued before the Court of Appeal. Claims relating to torture and suppression of evidence were also found to have been inadequately raised and unsupported by the record.
In affirming the convictions, the Supreme Court endorsed earlier findings that Musoke participated in a scheme involving fraudulent withdrawals from accounts belonging to foreign clients. Evidence relied upon by the prosecution included CCTV footage, banking records and funds recovered from individuals connected to the appellant.
While dismissing the appeal, the court found merit in one aspect of Musoke’s complaint. It held that the lower courts had failed to fully account for the period he spent on remand before sentencing, contrary to Article 23(8) of the Constitution. The justices consequently reduced each sentence by two years, one month and seven days.
The revised sentences now stand at 9 years, 10 months and 23 days on the major embezzlement and money laundering counts, while a shorter sentence was similarly adjusted. The prison terms will continue to run from June 1, 2017, when Musoke was originally sentenced by the High Court.
The Supreme Court also upheld a compensation order requiring Musoke to pay USD 500,000 to Equity Bank Uganda, finding that the institution suffered financial loss after reimbursing affected customers. The court concluded that no substantial miscarriage of justice had been demonstrated and dismissed the appeal.
