The Makindye General Court Martial has convicted two UPDF soldiers for attacking Mbuya Barracks on the night of 4th March 2013
The two officers Lt Augustine Moro and Private Kenneth Kalokwera were initially charged with a private security guard Ivan Ebong, advice who was however released midtrial when he applied for amnesty.
The two officers were found innocent in the prima facie ruling on the charges related to Treachery, but remained on trial on two other counts, to which they were found guilty today.
Court Martial Chairman Lt Gen Andrew Gutti said he was convinced with the evidence adduced by State on the offences relating to security.
“It is court’s finding that the duo formed a common intention to attack Mbuya Barracks, where by Moro recruited Kalokwera and others. I therefore convict them accordingly,” Gen. Gutti ruled
The Uganda Peoples Defence Forces (UPDF) Act prescribes the maximum penalty of death for this offence.
Lt Moro had in his defence denied participating in the attack, pointing out that he was only at Barracks on a special mission, where he was deployed by the Commander of the Defence Forces.
He says his presence at the barracks was known by Senior UPDF officers including Maj. Herbert Nabimanya, Maj. Proscovia Nalweyiso and Gen. Salim Saleh.
He says he like others, received information that some people were preparing a wreck in several military establishments in the country, including Mbuya Barracks.
Moro’s defence in denial of participation however, was destroyed by evidence of two prosecution witnesses who testified that they saw him during the attack with a gunshot wound.
Moro also failed to prove he was on a special mission, since he couldn’t have all the said senior UPDF officers come in court to collaborate his claims.
The second accused person Pte Kalokwera was also placed at the murder scene by two prosecution witnesses who saw him firing a PK gun. One of the witnesses Sergent Ojakol told court that he personally shot and wounded Pte Kalokwera.
The court acquitted the duo on charges of assault, saying that state failed to prove that the guard who was duty that night was assaulted by them.
The defence Counsel Maj Asha Patra asked court to grant her an adjournment to consult her clients before presentation mitigation, and Chairman Gutti adjourned the matter to tomorrow Wednesday May 3rd when he will hand down the sentence.