Col.Ndahura Atwooki pleads guilty to charges by army court

The former police director in charge of Crime Intelligence, Col.Atwooki Ndahura, has pleaded guilty to charges related to interfering with the process of law, the Nile Post has learnt.

Col. Ndahura who was in early this year recalled back into the army was arrested two weeks ago in an army swoop that cracked the whip on a number of cronies of former Inspector General of Police, Gen. Kale Kayihura.

On Friday, he appeared before the Unit Disciplinary Committee (UDC) and charged with Interfering with the process of law, contrary to Section 166 of the UPDF Act 2005 before being remanded to Makindye July 13.

However, the Nile Post has since learnt that the former police Crime Intelligence director admitted to the charges and is awaiting a sentence.

Ndahura’s wife, Sarah Ndahura filed for a habeus corpus before justice Musa Ssekaana of the High Court Civil Division in Kampala ordered the army to produce him to the court.

On Monday, Ndahura’s lawyers of Ochieng and company advocates and the representatives of the Attorney General, who is the respondent in the matter returned to brief court on the updates of the case in which the latter had been asked to produce Col.Ndahura.

Meanwhile, the Chieftaincy of Military Intelligence(CMI) director Brig.Abel Kandiho through the Attorney General told court that Col.Ndahura had been charged and pleaded guilty to the charges by the army court.

According to documents indicating the army court proceedings, a seven man panel consisting of Col.Tom Kabuye as the chairman and six members together with Lt.Nekemiya Wasswa(legal advisor) and Lt.JE Arihihi(prosecutor) handled the matter.

The document also show that the accused person(Col.Ndahura) was not represented in court but followed the proceedings well.

It indicates that when his force number and name were read, he responded to the affirmative and on being asked the language he best understands, Col.Ndahura preferred to use English.

"Col.Ndahura between February and March 2018 while at police Crime Intelligence headquarters,Bugoloobi Kampala district fabricated evidence to wit a document containing a list of Rwandan refugees justifying the kidnap and illegal deportation of the refugees to the Republic of Rwanda which was subject of prosecution in UPDF/GCM Vs SCP Joel Aguma,SSP Nixon Agasiirwe and 7 others,"says in part the document presented to the judge on Monday.

The document also says that the Lt.Nekemiya Wasswa, the court legal advisor explained the ingredients of the offence to the accsued before being asked whether he understood the offence.

"I have heard and understood sir,"replied Col.Ndahura.

According to the document showing proceedings of the army court last week,when asked whether charges were true or false, Col,Ndahua responded, "Its true sir," before a plea of guilty was entered.

It is also said the prosecutor told the court the matter was still under investigation and asked for the case to be adjourned to July 13 and Ndahura was remanded to Makindye military prison.

Lawyer refutes

Col.Ndahura's lawyer Evans Ochieng however refuted the claims by the Attorney General.

He said he had met his client on Saturday and never mentioned anything in regards to pleading guilty of the charges.

"We are shocked to hear that he pleaded guilty.We look at it as an abuse of court,"Ochieng told journalists.

"Why charge him when the court has issued and order?It can't be true that he pleaded guilty and the charges are framed up to keep him in detention."

Ochieng said he will challenge the proceedings in a higher court.