Military court opens at 3rd division Bugema

Jun 12, 2016

Thomas Ochan and Rashid Komakech are indicted with 4 criminal cases including murder of Police constable Joseph Lule, and then attached to Soroti Central Police Station (CPS).

The Court Martial chaired by Colonel Francis Kyakonye started with the trial of two suspects believed to have been behind the death of a policeman in Soroti 9 years ago.

Thomas Ochan and Rashid Komakech are indicted with 4 criminal cases including murder of Police constable Joseph Lule, and then attached to Soroti Central Police Station (CPS).

The indictment alleges after killing Police constable Lule, the suspects are reported to have stripped the victim of his uniform and dispossessed him of a rifle (AK 47) loaded with 27 rounds of and vanished.

Ochan and Komakech are also charged with the criminal counts of deserting UPDF force unceremoniously.

Both Ochan and Komakech were serving UPDF officers attached to Bombo army barracks.
Other criminal counts against the suspects are aggravated robbery and treason.

The two suspects however denied all the criminal counts.

Captain Francis Okumu, the first prosecution witness, testified on Monday that the suspects that had been in hiding since 2007 reportedly cooperated when they were apprehended on June 8, 2012 in a joint security organ operation.
Okumu currently attached to CMI headquarters Kampala told court that 3 guns were recovered from the suspects in two separate occasions.
He told court that the first gun was recovered when Ocan led security operatives to his village home, in Kalayi, Kaberamiado district.

"The first rifle was recovered from a thatch of a round grass thatched house," explains Okumu

He further told court that the two guns with 27 rounds of ammunitions and uniform bearing the names of the fallen Police constable Joseph Lule were also recovered after Komakech cooperated.
"The two guns and police uniform bearing the names of Lule, were recovered from a shallow pit at backyard of Komakech,s grass thatched hut in Gulu," testified captain Okumu.

However, in a cross examination by lawyers Levi Etum representing the accused persons, Okumu had failed to explain why on two occasions, he had failed to show up, when the suspects were committed to High court in Soroti for trial.
"Your honor the suspects have twice been arraigned before High court in Soroti, but they could not be tried for lack of prosecution witnesses," explained counsel Etum.

Captain Okumu also could not explain why the police statement he made at Soroti Central Police station lacked details of recovery of the 3 guns and the police uniform respectively.

Counsel Etum who grilled captain Okumu during cross examination, had put it to him that he beared his clients unjustly vendetta that developed around 2007.

"You were once good friends with Ocan only the relationship between you and Ochan to become sewer, when you not only snatched his girl (Doreen Nalwanga) but you have since settled down with her as husband and wife, with children " the Defence counsel told court.

Waiving a copy of a letter from the Director of Public Prosecution (DPP), he told court that on two subsequent occasions (2014 & 2015) respectively, prosecution witness had failed to show up rendering High court in Soroti to summarily dismiss the matter.
"High court in Soroti dismissed this matter and acquitted the accused person but they were re-arrested on directives of army authorities,"
explained counsel Etum.

Attempts, by the defence counsel to seek a bail application for the accused persons was turned down by the court Martial Chairperson colonel Kyakonye.

Her had rejected the bail application on grounds that sureties the lawyers for accused had presented were not sub

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