Brig. Ondoga acquitted of eight charges

By Michael Odeng, Barbra Kabahumuza & Andrew Ssenyonga

The General Court Martial has dismissed all charges against Brig. Michael Ondoga, the former commander of the Ugandan peacekeeping contingent in Somalia.

Ondoga who was deployed under African Mission in Somalia (AMISOM) was facing two counts of failure to brief, three counts of failure to execute one’s duties, offences related to operations, interfering with the process of law and disobeying lawful orders.

The court presided over by Maj. General Levi Karuhanga Tuesday ruled that prosecution had failed to adduce evidences to prove the ingredients of the offences to a degree that would require Ondoga be put on his defence.

The court stated that there was evidence that a tank and its crew were destroyed by the enemy but there was no sufficient evidence to prove that the Ondoga failed to deploy 1500 troops.   

The court also dismissed the charges on grounds that prosecution evidences (PWs) with regard to the source of information of the 1500 troop’s deployment were riddled with inconsistencies.

“The source of deployment was a falsehood by the contradictions in the PWs. This leaves court speculating on whose version to rely on and raises doubt in the minds of court” Karuhanga stated.

The court dismissed the charges basing on testimonies of prosecution witness 1, 2 and 8. PW1, Edson Muhanguzi testified that he got information related to the deployment of Ugandan troops from Lt. Col. Akiiki Rugadya who was never called as a witness.

PW2 Lt. Col. Laurence Kansiime told court that his source of information was a document from FC headquarters, which he not produce while PW8 Maj. Ruziro Nuwagaba testified that during a meeting with Battalion Group 10, authorities requested for 1500 troops for deployment.

Karuhanga ruled that prosecution failed to adduce evidence challenging the CONTICO statement in his Operational Orders (OPORDS) that Force Commander, Lt. Gen Andrew Gutti directed him to deploy 1000 troops.

Prosecution says that Ondoga on September 6, 2012 launched and operation from Afgooye to Baidoa in Somalia without operational orders and committed 1000 troops instead of 1500.

Prosecution further says that Ondoga failed to provide combat rations to wit food and water, failed to stop irregular transfer of subordinates, diverted operational fuel, obstructed investigations and failed to execute lawful orders to distribute tinned food equally among battle groups.

The court found out that by the time the Force Commander (FC) issued his orders on July 19, 2012, he required deployment of 1500 troops from Uganda at a later stage.

“Prosecution did not adduce evidence as to when did the “later stage” referred to in FC orders commenced in order to link the CONTICO operational orders to the FC orders and hence clearly associate the order to deploy 1500 troops from Uganda  with the accused,” Karuhanga stated.

Karuhanga did not blame Ondoga for failing to address problems of food shortage, saying logistics and foodstuffs supply involved logistics committees at Contingent level and receiving committees at Battle Group Level.

The court ruled that there was no evidence to prove that Ondoga diverted 15, 000 liters of fuel meant for operations.  

Being dissatisfied with the ruling, prosecution led by Maj. Fredrick Kangwamu has vowed to appeal against the decision.

This does not mean the accused has been completely acquitted because still has other lawful charges pending.