Bodaboda 2010 Patron Abdullah Kitatta has formally appealed against the 8-year jail sentence handed to him by the Makindye General Court Martial.
The army court May this year found Kitatta guilty of unlawful possession of a fire arms.
In his Memorandum of Appeal before the Court Martial of Appeal, Kitatta and his former guard, Detective Constable Ngobi Sowali who are currently serving their sentences at Luzira Prison, claim that the court martial ignored a number of important factors in law which led to a wrong conclusion.
“The Honorable General Court Martial erred in law and fact when it convicted the applicants relying on the weakness of their defense than the strength of the prosecution evidence which is a violation of established rules of evidence,” Kitatta states though his lawyers.
He claims further that the trial court erred in law and fact when it convicted them basing on grossly uncorroborated evidence and falsified prosecution evidence by unreliable witnesses.
“The Honorable court erred in law and fact when it shifted the burden of proof from the applicants without any justifiable cause”
Kitatta and colleagues also accuse the court martial of ignoring or failing to discharge its duty by refusing to summon material witnesses who were deemed necessary to substantiate the evidence brought against them.
He therefore wants the appellant court to set aside the ruling and order the lower court and acquit them.
“In the alternative but without prejudice to the above, we pray that the Honorable Court Martial of Appeal be pleased to reduce the sentence and make other order as to another lawful sentence which is just and fair in the interest of justice”
In May this year, The General Court Martial at Makindye has sentenced.