In his final submissions, Sanywa argues that prosecution has failed to prove that Kitatta was in possession of the firearms especially the gold-coated pistol as other guns were in possession of his bodyguards
KAMPALA-Defence lawyers have pleaded with the army court to acquit BodaBoda 2010 patron, Haji Abudallah Kitatta, saying his charges were trumped-up by prosecution to keep him out of society.
The lawyers led by Shaban Sanywa on Tuesday pleaded with the General Court Martial (GCM) presided over by Lt.Gen Andrew Gutti to dismiss the case in which Kitatta and others are accused of being in possession of firearms, after a year of trial.
"The accused were framed in order to get rid of them from the society, particularly Kitatta who was alleged referred to as ‘untouchable in Parliament' for questioning Gen. Kayihura," he submitted.
Kayihura, the former Inspector General of Police (IGP) and other police officers are battling three counts, which include two of failure to protect war materials and one of aiding the kidnap and illegal repatriation of Rwandan nationals before the same court.
The policemen are Nickson Agasirwe, 47, the former Police's Professional Standards Unit commandants, ACP Herbert Muhangi, 47, former Flying Squad Unit boss, SSP Richard Ndaboine, 37, the former deputy commandant Special Operation's Unit, ASP Patrick Muramira, 42, AIP Jonas Ayebaza, 29, and police constable Abel Muyomba Kitagenda, 34.
In his final submissions, Sanywa argues that prosecution has failed to prove that Kitatta was in possession of the firearms especially the gold-coated pistol as other guns were in possession of his bodyguards deployed to him by Police.
"I invite court to find that failure by prosecution to bring and disclose the person who searched and recovered a gold-coated pistol from Kitatta is an act of bad faith and creates a presumption that Kitatta was not in its possession," he submitted.
Sanywa asked court to reject the evidence of prosecution witnesses Pte. Richard Kashaija and Maj. David Agaba who earlier testified that they were part of the team that arrested Kitatta at Vine Hotel in Wakaliga, while in possession of a gold-coated pistol.
The witnesses also told court that they recovered a sub-machine gun (SMG) and black pistol from Kitatta's motor vehicle UAK 135B, which had Sowali Ngobi and Sgt. Allan Masiko, all his bodyguards.
Sanywa also requested court to reject witnesses Cpl. Richard Wanyama and Cpl. Alex Baguma who earlier told court that they were involved in the arrest of suspects in the murder of Case Clinic accountant, Francis Ekalungar excluding Kitatta, Ngobi and Masiko.