Soldier convicted of attempted robbery, failure to protect war materials

By Michael Odeng

A soldier has been convicted of attempted robbery and failure to protect war materials.

The Court Martial presided over by Maj. Gen Levi Karuhanga also convicted Capt. Goodman Lubega Azed of unlawful possession of firearms. The case was adjourned to November 12, for sentencing.

On October 12, 2008 Lubega and three others attacked a businessman Jonh Bosco Kwezi in Buhonda, Kasiita Sub County, Kibaale district.

The assailants who were armed discharged a bullet in the scuffle and escaped without robbing anything from the victim’s shop.

Others are Yusufu Kimera Musiramu, Karim Kimpi and Moses Ndyabahika. They are currently serving a three-year jail sentence at Kigo Prison.  

Delivering his ruling Thursday, Karuhanga stated that prosecution had produced enough evidence incriminating the accused of the crime.

“In the final result, we find that prosecution has proved beyond reasonable doubt that the accused committed the offences and accordingly convict him,” Karuhanga ruled.
 
Karuhnaga noted that prosecution proved that Lubega gave or allowed the co-accused to handle a Star Pistol, hence contravening S. 122 (1) (2) (d) of UPDF Act 2005.

The Court found out that Lubega provided a pistol to the co-accused persons through Kimera which pistol was used in an attempt to conduct robbery against businessman, Kwezi on October 12, 2008.
 
“Accordingly we find that the accused by his conduct aided the three accused persons to commit the offence hence a principle offender under S.19 (1) (c) of the Penal Code Act,” Karuhnaga ruled.

On the count of failure to protect war materials, Karuhanga convicted Lubega basing on evidences of three prosecution witnesses who all proved that the he was in possession of a pistol and ammunition.
 
Karuhanga ruled that prosecution had proved that there was an attempt to steal the property of both James Kagara and Kwezi.  The court also found out that a deadly weapon was used during the attempted robbery.

Kagara earlier on told court that on October 12, 2008, between 2000-2030 hrs, while at the victim’s shop two armed people put him at gun point, ordered them to lie down and hand over money.

Karuhnaga also noted that the attempted theft was accompanied by violence and threat. 

“According to evidence on record, the victim was forced into his shop and ordered to give to the assailants all the money he had”.
 
Karuhanga stated that it was clear that the accused confessed possession of the pistol and handed it over to Kimera to threaten and get money.

This evidence, he said corroborates the accused’s charge and caution statement made at police.