GCM gives witness go ahead to testify in Kabamba case

By Michael Odeng

The Army court has dismissed an application by the defence lawyer of the fourteen suspected Kabamba barracks attackers, saying it lacks merit.
           
Jude Mbabaali had filed an application rejecting lance corporal Norman Ssembatya to testify as prosecution witness against his clients.

According to prosecution, the accused between September 2013 and May 2014 in various districts in Uganda and Kenya omitted to disclose vital information to the army authorities about the recruitment of people to engage into activities to prejudice the security of UPDF and preparations to attack Armored Warfare Training School (AWTS) in Mubende district.

The accused are battling charges related to security contrary to the Uganda People's Defence Forces (UPDF) Act.
           
In his affidavit, Mbabaali asked court to disown the witness on grounds of his past tainted criminal record.

Mbabaali had alleged that Ssembatya had been involved in an armed robbery at Orient Bank Jinja branch in 2011 where he disarmed the guards and strangled one of the female workers to near death.
           
"This application was misconceived and does not block the witness from testifying in court. We therefore give prosecution a go-ahead to allow the witness Ssembatya give his testimony," Karuhnaga ruled.  
           
Karuhnaga noted that the testimony of Ssembatya will not interfere with the rights of the accused persons.

"We are unable to find that the testimony of the prosecution witness will interfere with the accused right". 
           
He also noted that failure by the state to file an affidavit in reply on the said application was a mere technicality that cannot hinder court to give justice. 

Prosecution also alleges that during the same period the suspects aided Lt.Col. Phillip Frank Eguma, LF.  Ronald Waibi Mwavu to prejudice the security of the defence by preparing AWTS in Mubende district.

The suspects include Lt.Phillip Frank Eguma, Pte Kenneth Ssekajja, Capt. Halman Ba, Lt. Ronald Mwavu, Sgt. Nduga Musaazi, Nasim Namuzimuule, Marvin Ssemwogerere Kato, John Lumala Salongo, Patrick Kibuuka, Solomon Matovu, Peter Kibirige, Herbert Biyimbwa, Ali Mukiibi and Francis Kiwanuka.

The suspects include five UPDF soldiers and nine civilians including one woman.

The court adjourned the case to December 2, when Ssembatya will re-appear in court and take the witness stand to testify against the accused.