Court of appeal releases Sejusa aides

Kampala, Uganda | THE INDEPENDENT | 

The Court of Appeal has released six aides of General David Sejusa, the former Coordinator of Intelligence Services, who were sentenced to 15 years for treachery.

The six include Lance Corporal Grace Nasasira, Geoffrey Karugaba, Private Frank Ninsiima, Nayebare James Karuhanga, Nuwagaba Moses Kakarugahi and Abel Twinamatsiko.

A panel of three Court of Appeal Judgesreleased the group without explaining the reasons for the decision. The decision was made by judges Alfonse Owiny Dollo, Elizabeth Musoke and Cheborion Barishaki.

Justice Dollo, who led the panel said that reasons for the decision will be given at a later date in a detailed judgment.

In 2016, the General Court Martial led by Lt General Andrew Gutti found the six aides guilty of plotting to overthrow the government of Uganda. The offenses were allegedly committed in March 2013, in the districts of Kampala and Mityana.

The six were accused of concealing vital information about the recruitment of people to engage in activities intended to overthrow the government. 

Court also found that  the prosecution had proved beyond doubt that the soldiers formerly  attached to the Special Forces Command had been  procured by their co accused persons to recruit fellow Presidential guards into subversive activities. 

They were sentenced to 15 years in jail upon conviction, a sentence which was upheld by the Court Martial Appeal Court led by Professor Elly Turyamuboona in 2017.

However, the Aides through their lawyer Dr David Mushabe ran to the Court of Appeal challenging the decisions made by the military courts.

They argued that the Army prosecution amended the charge-sheet against the then suspects when the submissions in the case were already complete.

Their lawyer submitted that there were inconsistencies throughout the testimonies of the prosecution witnesses on dates and time of holding the meetings that were reportedly aiming at overthrowing the government. 

They also challenged failure by prosecution witnesses to bring phone printouts the convicts were reportedly using to communicate to as alleged by the Prosecution.

The convicts also challenged failure to adduce shillings 200,000 as exhibits that were reportedly found with them. 

However, in May, 2019, URN landed on court documents where the Director of Public Prosecution through the letter of Isaiah Wanamama, the Senior State Attorney who said the sentence and conviction of the aides should be quashed. 

The Prosecution conceded with all the 13 grounds that were raised by the aides in their appeal save for the ground of no case to answer.

The State Attorney said that the court martial had erred in law and facts by convicting the aides when there was no quorum and prosecution evidence in form of exhibits. 

City Lawyer Dr David Mushabe who represents the aides has welcomed the release arguing that his clients had spent alot of time in jail even  though the DPP said he was not willing to prosecute them.

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URN