Army Court convicts two over Besigye's petrol station robbery

COURT|ROBBERY|FIREARMS|CRIME

KAMPALA - The General Court Martial (GCM) in Makindye, Kampala has convicted two security personnel who attempted to rob, Nsambya Total Fuel Station, owned by Dr Kizza Besigye.

Banuli Lubanga,32, a prison warder at Kigo Prison and David Okello, 19, a security guard employed by Rock Security Company were convicted shortly after their own confession.

Banuli is a resident of Kigo Prison Barracks in Makindye-Ssabagabo municipality, whereas Okello abodes at Busabala, Wakiso district.

Lt. Gen Andrew Gutti, convicted the duo on charges of unlawful possession of firearms contrary to section 3 (1) (2) (a) of the Firearms Act Cap 299.

"Since you admit to have committed the offences, this court hereby convicts you on your own plea of guilty. Therefore, you are further remanded until October 19, 2020 when you will be returned to this court for sentence," Gutti ruled.

The charge

Prosecution led by Captain Ambrose Baguma said that Banuli, Okello and others still at large, on or around June 22, 2019, while at Nsambya Total Fuel Station, Makindye Division in Kampala district were found in unlawful possession of a firearm to wit; SAR number PSO-8070764-09134, ordinarily a monopoly of the Defence Forces.

Background

According to the prosecution, on June 22, 2019, five people including the convicts plotted to rob Nsambya Total Fuel Station.

"Before fulfillment of the said robbery, security intervened and one of the thieves was shot dead. Banuli was shot in the leg, Okello was arrested and two other suspects managed to escape," Baguma said.

That Banuli was taken to hospital and his leg was amputated due to injuries he sustained after the shooting.

"On August 5, 2019, the duo was arraigned in court and charged but denied the charge, until today when they opted to change their plea to guilty," he submitted.

 Defence seeks for lenience

The accused's lawyer, Maj Silas Kamanda Mutungi, requested the court to give a non-custodial sentence to Bakuli, arguing that he is already remorseful and helpless, having lost his leg on arrest and his life is worrying.

"My Lord Chairman and court members, Bakuli was short and underwent surgery and his left leg was cut off, we pray that a non-custodial sentence is appropriate to him so that he can seek proper treatment when out of prison," Mutungi said.

He further argued that the convicts had no past criminal record, adding that they are young men with families and ready to reform.

The law

Under the law, no person shall purchase, acquire or have in his or her possession any firearm or ammunition unless, in respect of each such firearm, he or she holds a valid firearm certificate.

It further establishes that if convicted over the same, one is liable to a maximum sentence of ten years' imprisonment.