Prime
Kitatta defends self in gun case
Former coordinator of Bodaboda 2010, Abudallah Kitatta in the dock at the General court martial in Makindye on Monday 26th November 2018. PHOTO BY MICHAEL KAKUMIRIZI
What you need to know:
- He asked the seven-man court chaired by Lt Gen Andrew Gutti to acquit Kitata and his co-accused, saying there is no case to warrant them to be put on their defence.
- Court adjourned the case to December 10 to enable the prosecution respond to the submissions.
Kampala. Defence lawyers for the jailed patron of Boda Boda 2010 Association, Abudallah Kitatta, have asked the General Court Martial to dismiss the case against him and 12 others for lack of proper evidence.
The lawyers led by Mr Shaban Sanywa told the military court that their clients are being maliciously prosecuted and that the charges brought against them by the State were intended to keep them away from society.
“The evidence brought by the prosecution is so desecrated that no tribunal can go with it after failing to adduce the evidence of an investigating officer and any expert witness who would have guided court on what happened at the scene of crime(-Vine Tea Hotel) if they had access to the footage caught on the CCTV or whether there were any forensic examinations done to establish if the golden pistol, ammunitions and military uniforms which prosecution brought as exhibits in court indeed had been touched by Kitatta,” Mr Sanywa submitted.
Court also heard that the case has been weakened by the failure to bring any evidence in form of an endorsed search warrant and certificate to show who and how the said items were allegedly recovered from the offices of Boda Boda 2010 in Nateete.
Mr Sanywa told court that all charges against the suspects were brought in bad faith as all people who testified against the suspects were army officers from Chieftaincy of Military Intelligence with no other independent witnesses such as the manager of Vine Hotel Wakaliga where Kitatta was allegedly arrested.
“Prosecution hid these witnesses (investigating officer, an expert, independent witnesses) because they knew that the evidence they would give would not be in their favour to place any of the suspects at the scene of crime...” Mr Sanywa submitted.
He asked the seven-man court chaired by Lt Gen Andrew Gutti to acquit Kitata and his co-accused, saying there is no case to warrant them to be put on their defence.
Court adjourned the case to December 10 to enable the prosecution respond to the submissions.
