Kitatta, boda boda 2010 members case hearing fails to kickoff over Lawyers' confusion

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Hearing of the case in which Boda Boda 2010 patron Abdalla Kitatta together with 10 members of are accused of being found in possession of army stores has not kicked off.

Kitatta is accused together with 10 other Boda boda 2010 members including; Matia Ssenfuka, Joel Kibirige, Hassan Ssemata, Jonathan Kayondo, Ssengooba Hassan, Sande Ssemwogerere, John Ssebandeke, Hussein Mugema, Fred Bwanika and Amon Twinomujuni with a number of offences related to unlawful possession of military hardware and unlawful possession of a gun, pistol and ammunition.

On Monday, hearing of the case was slated to take off but it was adjourned following a confusion on the side of lawyers.

One private Richard Kasaija one of the soldiers who arrested Kitatta had been presented to testify as the first witness but when he took to the witness stand box, the defence lawyers led by Shaban Sanywa and Jimmy Muyanja objected to the process.

They argued that Kasaija was not part of the witnesses who has earlier been presented to them by the prosecution side led by Maj.Raphael Mugisha during the disclosure of evidence.

Confusion

When the prosecution lawyers stood up to defend themselves, they insisted Kasaija had been among those disclosed to their colleagues from the defence team.

Lawyers Sanywa and Muyanja insisted none of them had seen the witness but the situation was saved by Lt.Brian Moogi, one of the defence lawyers representing Amon Twinomujuni who said he had seen Kasaija on the list of witnesses.

The army lawyers however told court that before they could disclose their evidence, they had failed to reach a consensus with their defence counterparts on who to serve as the senior counsel.

The court chairman Lt.Gen.Andrew Guti ordered that the prosecution side discloses all the evidence they intend to rely on in the matte before adjourning the hearing up to May 21.

The group is also accused of unlawful possession of 30 and 20 rounds of ammunition for SMG rifles and pistol respectively which are government stores contrary to section 161 of the UPDF Act.

The army also accuses the group of unlawful possession of military equipment including headgear and uniforms which are a monopoly of the defence forces.

The offences against the group are criminal in nature and attract maximum sentences of death and life imprisonment respectively according to the UPDF Act 2005.

They were arrested in January, following the arrest of Kitatta’s brother Huzairu Kiwalabye in connection to the murder of Case Hospital accountant Francis Ekalungar who was kidnapped on his way to bank money.

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