Prosecution in the case where jailed Boda Boda 2010 Patron and 9 others are facing charges of unlawful possession of fire arms and military stores have asked the before Makindye General Court Martial chaired by Lt General Andrew Gutti to convict all the accused persons.
Lead prosecutor Lt Col Raphael Mugisha told court in his final submission that all the four witnesses the state presented clearly proved to court that Kitatta and his group were found red handed with guns and military stores which were exhibited in court.
On the gun which was found with Kitatta’s body guard Ngobi Sowali, Mugisha said the defense failed to produce documentary evidence that he possessed this gun legally.
He also pointed out contradictions between defense witness SSP Nixon Agasirwe who informed court that he was the one that deployed Sowali to guard Kitatta, yet Sowali in his defense informed court that he had been deployed by Sirajje Bakaleke the DPC for Old Kampala.
“Agasirwe denied having ordered that Ngobi Sowali was issued with an SMG riffle but he said that he only armed him with a pistol; no documentary evidence was produced to show that Sowali was armed with any riffle therefore the procedures of arming some police personnel were not followed.”
Mugisha also denied allegations by the defense that Prosecution declined to produce in court CCTV footage from Vinetea Hotel Wakaliga were some of the accused were arrested from.
He said they didn’t make any objection for the defense to rely on the CCTV footage in their case because they were not even aware of its existence.
“It was defense’s duty to produce the footage in court because he who alleges must prove. Production relies on he who alleges as its stated in section 101 of the Evidence Act” Mugisha submitted Kitatta is jointly charged with nine others for offenses related to illegal possession military hardware including uniforms of Uganda
People’s Defense Forces, 55 rounds of ammunition, Golden and black Pistols and SMG.
All the accused have been in detention since January 2018 have been further remanded back to Luizra government prison until the 29th April 2019 when for their lawyers make their rejoinder to the final submissions from the state.