Soldier to hang for IDP killing

Jan 03, 2006

The UPDF 4th Division Court Martial has sentenced to death the soldier who shot dead a pupil of Lalogi Internally Displaced People’s (IDP) camp on December 26, 2004.<br>The Boxing Day killing sparked off riots when the locals attacked the barracks, and demanded to lynch Joel Lubangakene.

By Alex Odongo

The UPDF 4th Division Court Martial has sentenced to death the soldier who shot dead a pupil of Lalogi Internally Displaced People’s (IDP) camp on December 26, 2004.
The Boxing Day killing sparked off riots when the locals attacked the barracks, and demanded to lynch Joel Lubangakene.

The scuffle left three other people dead.

The 11-member court handed down the sentence to Pte. Joel Lubangakene, 18, on January 2, following the trial held in the camp.
Lubangakene’s victim was Ojok Ojara, 18, a pupil of Aket-ket Primary School.

The court was presided over by Lt. Col. Kidega. The public hearing was conducted in both Luo and English.

Lubangakene, who is a member of the auxiliary force (LDU), attached to the Acet-based Charlie Batallion, said he shot Ojara on his commander Omony George’s orders.

Lubangakene was represented by Lt. Moses Emitu, who pleaded for his acquittal, saying he could not disobey orders.

However, the court concurred with the prosecutor, Capt. Benon Agaba, that soldiers should differentiate between lawful and unlawful orders.

Capt. Agaba said Lubangakene was not acting under any instructions but maliciously killed Ojara.

He said the accused had lied in his testimony.

Four witnesses testified against Lubangakene. The witnesses, Betty Lanyero, Stella Akot and Pte. George Omony said they were with the accused when he shot Ojera. The fourth witness, Capt. Dr. J.K. Lusiba who carried out the post-mortem examination, also testified.

Kidega convicted the accused and sentenced him to death by hanging.
Kidega also advised Lubangakene to appeal the conviction and sentence within 14 days if he was dissatisfied with the ruling.

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