Court orders Lt. Col. Olanya to start his defence
Oct 31, 2014
Lt. Col. Benson Olanya, the former 343 battalion commander, is accused of several offences including two cases of theft and abuse of office.
By Andrew Ssenyonga
KAMPALA - The General Court Martial that sits in Makindye has told the former 343 battalion commander Lt. Col. Benson Olanya to prepare his defence after prosecution proved that he has a case to answer.
Olanya, 52, is accused of several offences including two cases of theft and abuse of office.
Prosecution led by Capt. Gerald Bamwitirebye allege that Olanya committed the offences while still the commanding officer of 343 battalion attached to Battle group XI+ of the Ugandan contingent in AMISOM Somalia in 2013.
The army court that chaired by Maj. Gen. Levi Karuhanga heard that prosecution had produced seven witnesses who all pinned the accused of the crime.
In his ruling to a no case to answer, Maj. Gen. Karuhanga said: “Evidence adduced to this court by the prosecution shows a prima facie case and this calls to the stand to lay your defence.”
A prima facie case means that the prosecution has to prove beyond reasonable doubt all the three ingredients under contention.
These include; whether the accused received the fuel, the fuel was meant for operations and whether the accused diverted the fuel for other uses or did not.
Karuhanga told court that the prosecution had proved all the above ingredients which meant that the accused has a case to answer.
This comes after a defence’s final submission that asked court to free their client, alleging that the prosecution witnesses had failed to produce evidence pinning Lt. Col. Olanya of the offences.
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During the examination by state prosecution, the witnesses pinned the battalion commander who addressed them as “small bulls” paraded them in front of soldiers before he accused them of trying to stop “things” meant for him (Olanya) from leaving the barracks.
Court also heard that on June 21 and July 25 last year, while in Jowhar town in Somalia, Olanya diverted 420 litres and 300 litres of fuel, respectively, meant for his battalion’s operations.
The prosecution team, through their seven witnesses, also told court that on June 9 last year, while executing his duties, Olanya ordered solders to issue arms to Somali civilians.
The case has been adjourned until November 13 when Lt. Col. Olanya would be in the witness stand for his defence.