The General Court Martial sitting at Makindye has set May 13th 2019 as a date to determine the fate of BodaBoda 2010 patron Abdullah Kitatta and his co-accused persons.
Kitata is charged along with 9 others for unlawful possession of firearms, ammunition and Military gear.
The date for Judgment has been fixed by Court’s seven members, chaired by Lt.Gen Andrew Gutti.
Lt .Gen Andrew Gutti announced the date after the summing up of all the evidence of both the prosecution and defence witnesses by the court’s Judge advocate Col Richard Tukachungura.
Last month defense lawyers led by Shaban Sanywa claimed that the prosecution’s case fell short of concrete evidence to link Kitatta to the recovered golden pistol and an SMG riffle which were allegedly found with him at the time of his arrest in a Hotel room at Vine Tea in Wakaliga.
Lt. Gen. Gutti advised the members of the court to put in mind the relevant sections of the Firearms and Ammunition Act before determining on whether Kitatta and the group are guilty or not .
Col Tukachungura told the seven-member court to draw the attention on section 43 of the Firearms Act Cap 99
Exception from the Operational Act that any member of the police force or prison in respect of any firearm the property of government issued to him or her for the performance in her duties as such cannot be found guilty.
“In view of this it is my advice that this court should find that the arms or ammunition in which Ngobi [Kitatta’s body guard]were officially given to him were in line of his duty as a police officer then he will be acquitted off the charges, however, should this court find it contrary then he should be found guilty and convicted as charged,” Col Tukachungura said.
However he also advised that if court finds that all ingredients have been proved beyond reasonable doubt of the other accused persons then they should be found guilty and convicted as charged, however if court finds that the evidence against them has not been proved beyond reasonable doubt then they will be found not guilty and acquitted of the charges.
The army prosecution states that on January 21 at Vine Hotel in Wakaliga, Nateete in Rubaga Division of Kampala District, Mr. Kitatta and his co-accused were found in possession of two sub-machine guns, three pistols, bullets and military uniforms without a valid firearms licence and which items are the monopoly of the defence forces.
