Sebutinde pins Katto, Saleh over choppers -The Monitor-12/12/2002
By Andrew M. Mwenda
Mbabazi clears , Mbonye, BesigyeEighteen months after the commission of inquiry into the purchase of four �junk� MI-24 helicopter gun-ships completed its report, that the government decided not to publish, The Monitor can reveal that it recommended criminal prosecution of Lt. Gen. Salim Saleh, businessmen Emmanuel Katto and Kwame Ruyondo.
According to the report, the three should be prosecuted under sections 1 and 2 of the Prevention of Corruption Act of 1970.
The commission, which was chaired by Lady Justice Julie Sebutinde started its probe into the controversial 1997 purchase of the helicopters April 17, 2001 and ended on June 8, 2001.
It was handed to government in July 2001.
Minister of Defence Amama Mbabazi said Nov.20 on the Monitor FM Andrew Mwenda Live show that the report was a �tightly guarded secret�.
The report is also very critical of President Yoweri Museveni�s role in the purchase of the helicopters specifically, and in the purchase of all classified military equipment generally.
�The commission established that in most cases of classified purchases,� the report says in paragraph 3.3.2.1, �HE [His Excellence] the president, after determining the nature of equipment or weaponry to be procured (after consultation with user departments) himself identifies the supplier of that equipment and issues a directive to the PS/MOS [Permanent Secretary Ministry of Defence] to prepare a contract.�
�The negotiations of price, quality and quantity are usually concluded between the president and the supplier at this stage,� the report says echoing Col. Dr. Kizza Besigye�s testimony to the commission. �The PS/MOD is merely given an invoice containing the negotiated prices, and directed to prepare a contract for signature.�
On the basis of this, the report clears Besigye who was army Chief of Logistics and Engineering. He traveled to Belarus to do pre-shipment inspection on the helicopters.
The report also clears Amama Mbabazi, then minister o! f state for Defence and Dr. Ben Mbonye, then Permanent Secretary and accounting officer.
�These officials understood their role as being limited to the speedy implementation of the president�s directive,� the report says. �Considering the established practice regarding classified procurement in the MOD, and the tone of the presidential directive, the commission is of the view that the failure of reluctance by these officials to vet Consolidated Sales Corporation (CSC), although inexcusable was understandable in the circumstances.�
The report is very critical of Saleh whom it says �exhibited the highest form of greed, self interest and corruption, the type that is proscribed under the Prevention of Corruption Act 1970, Section 1(a).�
The report says that Saleh�s confession of the offer of a bribe �was not impressive or even exculpatory because it was not given voluntarily. It came after the president had complained, and was too late after the contract had been signed.�
The report also �rejects Saleh�s claim that he gave the contact to Katto because of patriotism� � supporting a local businessman get a lucrative government contract.
Instead, the report says, Saleh offered the contract to Katto because of the inducement of a $800,000 (Shs1.4bn) bribe.
�The inducements offered to Ruyondo and Saleh jeopardized transparency, eliminated healthy competition and guaranteed contractual terms that favored the seller rather than the buyer,� the report says. �The commission found that both gentlemen [Saleh and Ruyondo] acting under the promise of inducements did all they could to ensure that Katto was awarded the contract.�
The report further says that the commission found the dealings between Saleh and CSC or Katto to be imprudent and contrary to established practice.
The report refers to CSC as a �dubious and profiteering company,� and is very critical of the decision by the ministry to procure the helicopters through middlemen when government had �direct links� with BT, the Belorussian suppliers.!
The report also criticizes President Museveni for advising Saleh to take a bribe from CSC, the suppliers of the helicopters. The president directed Saleh to accept the bribe and use it for military operational expenses in Northern Uganda. Although Saleh called it a commission, the report refers to it as a bribe.
�Whereas we appreciate the need at the time for a speedy delivery of the helicopters,� the report says, �we feel that the president�s advice to Saleh, however well intended could easily be misunderstood by Ugandans as a double standard. Saleh enjoyed a special relationship with the president as fraternal brothers. Under such circumstances, the president�s advice can be interpreted as a means of protecting or exculpating his brother.�
Unlike the Sebutinde probe into corruption and abuse of office in the Police that the government was eager to release to the public, the one of the junk choppers was quickly put away under lock and key.
December 12, 2002 00:50:21
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