Ondoga, Kirya refuse to defend selves

By Michael Odeng & Barbra Kabahumuza          

After two senior UPDF officers - Brig. Michael Ondoga and Lt.Col Sam Kirya had refused to defend themselves against charges of failure to execute one’s duties; the Court Martial has decided to sum up the case for the panel, awaiting judgment. 

This meant that the Judges’ Advocate (judge’s legal advisor), Lt.Col. Gideon Katinda, will make his submissions relying on defence lawyer’s submissions of no case to answer and prosecutions’ rejoinder on final submissions. Defence lawyer Frank Kanduho represents the accused persons. 

The accused persons opted to keep quiet before court chaired by Maj.Gen Levi Karuhanga after court established a prima facie case (sufficient evidence) against them. They say the court had already found them guilty of the crime.

“The prosecution has proved all the essential ingredients of the offence to a degree required to prove a prima facie case against the accused. Therefore, the court accordingly put the accused on their defence” Karuhanga earlier on ruled.

A prima facie case means that the evidence presented by prosecution is sufficient for a conviction. 

Meanwhile, State Prosecutor Maj. Fredrick Kangwamu yesterday told court that there is nowhere stated in prosecution submissions that the accused had been found guilty by court and convicted.

He reiterated his earlier submissions that the accused persons were informed of the illegal power connections to civilian premises, mainly Hormuud Telecom Mast but they did not take any action. 

“The accused persons were expected to act, having received the information, but my lord they opted to sit back and do nothing, a part from asking questions,” Kangwamu stated. 

He submitted that the contingent commander (Ondoga) was responsible for the welfare of troops at Aljazeera and as such, he was bound to act whenever there was any matter interfering with the welfare of the soldiers.

Prosecution witness ‘three’ ealier on testified that power fluctuation greatly affected the welfare of troops since it interfered with food storage. 

Kangwamu prays that court finds the accused persons guilty and accordingly convicts them.

Kanduho earlier stated that the issue of power connection was never brought to the attention of the accused, saying that the auctioneer was the contingent engineer and not the accused persons.

The court adjourned the case to Friday.