Court to decide Kitatta's fate today

COURT

The army court will today decide whether to acquit or put on defence BodaBoda 2010 patron Abdallah Kitatta.

This comes after the defence team led by Sanywa Shaban and prosecution by Maj. Raphael Mugisha made their final submissions on ‘no case to answer'.

The submissions were made before a seven-member panel led by Lt. Gen Andrew Gutti last week.

Procedurally, if court finds that the prosecution has adduced incriminating evidence against Kitatta and his co-accused, they will be directed to defend themselves but on contrary they will be set free.

Sanywa argued that Kitatta and 12 others have ‘no case to answer' because the four prosecution witnesses failed to adduce evidence incriminating the accused on five counts of unlawful possession of firearms and ammunitions and one count of unlawful possession of military stores.

The offences according to Uganda People's Defence Forces (UPDF) Act, 2005 attracts a maximum penalty of life imprisonment on conviction.

The military equipment includes two pistols, SMG rifle and 50 rounds of ammunition for the firearms, among others.

Sanywa also told court that there is no evidence that connects the accused persons with the items recovered    

He argued that prosecution failed to address court on whether the accused persons were not present at the scene as they were in custody.

"The accused persons in regard to count of unlawful possession of military stores were not present at the scene as they were in cells and that there is no evidence that connects the accused to the scene," Sanywa argued.  

Sanywa submitted that prosecution failed to adduce in court proof of ownership of BodaBoda 2010 premises in Wakaliga.

He also submitted that the investigating officer was not brought to court to identify and verify and that in the premises prosecution failed to establish a prima facie case and that the accused should be found with ‘no case to answer'.

A prima facie case is a cause of action or defence that is sufficiently established by a party's evidence to justify a verdict in his or her favour, provided such evidence is not rebutted by the other party.

In regard to five counts of unlawful possession of firearms and ammunitions, Sanywa submitted that prosecution failed to bring the investigator of the case to guide court on whether Kitatta has ever touched the golden-coated pistol in question by providing a forensic or ballistic report.

He also said the investigating officer would be able to guide court on the background of all the firearms and ammunitions in question and whether they were really in functioning state.

In response, Maj. Mugisha said it is not correct that the accused were in the cells when the military uniforms, eight rounds of SMG, four rounds of pistol and other items were recovered from Wakaliga at BodaBoda 2010 offices.

"Some of the suspects were arrested at the scene. Kitatta, his body guard, Police officer, Sowali Ngobi and Joel Kibirige are connected to the scene by circumstantial evidence," he submitted.

Mugisha submitted that prosecution witness one, Richard Kasaija, stated he was part of the group that arrested Kitatta and found him with the golden-coated pistol.

He argued that prosecution witness three, Maj. David Agaba confirmed to court that the pistol was handed over to him and Kitatta's body guard, police officer Ngobi Sowali, who was also arrested with a gun after failing to prove that he signed for it from Police.

He told court that all the ingredients of the offences are proved by the evidence on record and the testimonies of the witnesses are consistent, truthful and have been credible.

"The submission by the defence that the accused persons have no case to answer is misconceived and based on misdirection of the principles of evidence and their application and should be dismissed," he requested.

Kitatta, Ngobi and Kibirige are charged alongside Amon Twinomujuni, Matia Ssenfuka, Hassan Sebatta, Jonathan Kayondo, Hassan Ssegoba, Sunday Ssemwogerere, John Sebandeke, Hussein Mugema, Fred Bwanika and Ibrahim Ssekajja.

Background

The arrest of Kittata followed a crackdown on suspects linked to the murder of Francis Ekalungar, the former accountant of Case Clinic. Most of the suspects are BodaBoda 2010 members.

Ekalungar was kidnapped on January 2, this year by unknown assailants on his way to Dfcu Bank to deposit over sh15m belonging to the hospital. A day later, his burnt body was found at Kajjansi off Entebbe Road.

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