Former Gen Sejusa aides acquitted of treason
Gen David Sejusa
Kampala- Court of Appeal has ordered the release of six jailed former aides to Gen David Sejusa, who had been sentenced to 15 years in prison by the General Court Martial.
In their unanimous decision, a panel of three justices headed by Deputy Chief Justice Alfonse Owiny-Dollo set the six men free after quashing their conviction and sentence by the military court. Other justices are; Elizabeth Musoke and Barishaki Cheborion.
“The appeal is granted and the appellants are hereby released, they are free men now. We shall give our detailed reasoning for the decision,” stated Justice Owiny-Dollo, who is also the head of the Court of Appeal/Constitutional Court.
The six former aides to Gen Sejusa are Lance Cpls Grace Nasasira Rwakyozi, Geoffrey Mwebaze Karuhanga, formerly under the Special Forces Command and Tank Battalion, who had been convicted for treachery by the Army court and Frank Ninsiima, who was an operative in Gen Sejusa’s office, had been found guilty of aiding or abetting commission of treachery.
Others are James Karuhanga Nayebare, Moses Nuwagaba Kakarugahi and Abel Twinamasiko, alias Rubanuma.
The case
In 2016, the General Court Martial in Makindye Division, Kampala, chaired by Lt Gen Andrew Gutti, found them guilty after the prosecution stated that in or around March and May 2013 in Mityana and Kampala, they “consciously” failed to disclose to proper authorities vital information about the recruitment of people to engage in activities intended to overthrow the government of Uganda.
After their conviction in 2016, the six appealed to the Court Martial Court of Appeal, but their case was dismissed for lack of merit. This prompted the six, through their lawyer Mr David Mushabe, to appeal in the Court of Appeal of the civil courts of judicature raising 13 grounds to which the Director of Public Prosecutions conceded to.
The grounds included that the army court relied on contradictions in the prosecution evidence largely based on hearsay and made the wrong finding of guilt against them.
In his submissions to the appeal, senior state attorney, Mr Mics Isaiah Wananmama, conceded to their arguments in all the 13 grounds.
“On perusal of the record of appeal and the arguments as presented by the appellants’ counsel, I have made up critical analysis and have come to the conclusion that I concede to the appellants’ arguments with the exception of ground six on no-case to answer but I will not argue because it will not serve any purpose,” Mr Wananmama wrote in his submission to the court.
He also noted that the failure of the prosecution to present documentary, corroborative evidence or any form of exhibits in a grave case that is to cost life of the accused persons up to 15 years in prison pushed him to agree with the appellants.
