The officer said that he and his boss Lt. Col Erias Byamukama later signed on the exhibits but didnt record the machetes, axes and iron bars recovered from the offices. According to procedures, an arresting officer is expected to record or document all recoveries from the crime scene as exhibits for purposes of satisfying court that his testimony is genuine.
Some of the exhibits recovered from the office of Boda Boda 2010 Association during the arrest of the patron, Abdullah Kitatta were never recorded, a prosecution witness has told the General court martial. Major David Agaba, the Commandant of the operation that led to the arrest of Kitatta told the General court martial sitting in Makindye on Tuesday that during their operation they found items such as machetes, iron bars and axes in his offices but didn't record them.
He says the team only picked up four military uniforms and headgears from the offices of Boda Boda 2010 Association in Natete. Agaba told court that he doesn't know how the military uniforms ended up in the offices, but what he knows is that they conducted a search in the absence of the accused persons.
The officer said that he and his boss Lt. Col Erias Byamukama later signed on the exhibits but didn't record the machetes, axes and iron bars recovered from the offices. According to procedures, an arresting officer is expected to record or document all recoveries from the crime scene as exhibits for purposes of satisfying court that his testimony is genuine.
The officers are also expected to conduct a search in the presence of the accused or legal representative to avoid foul play. Major Agaba who was cross examined by Kitatta's lawyers led by Shaban Sanywa denied having picked the certificate of Incorporation of Boda Boda 2010 Association, a computer and the organogram of the association leadership.
Court also heard that Kitatta was picked up from the toilet of Vine Hotel Wakaliga and led to his vehicle where a black pistol and gold coated pistol, an AK 47 rifle and 55 rounds of ammunition were recovered. The witness told court that the AK 47 and the black pistol were for Sowali Ngobi who admitted that the two firearms belonged to him and that he was a policeman assigned to guard Kitatta.
This forced Sanywa to question whether it is illegal for a Police Officer to have firearms. In his reply, Major Agaba said it depends on the circumstances, under which the police officer is found with the firearms. Court also heard that Major Agaba didn't inform the manager of Vine Hotel that firearms had been recovered from Kitatta who was on his premises.
Sanywa said the manager should have been informed about the firearms to allow him to testify during the trial.
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Kitatta is jointly charged with Sowali Ngobi, Amon Twinomujuni, Joel Kibirige, Matia Ssenfuka, Hassan Sebatta, Jonathan Kayondo, Hassan Ssegooba, Sunday Ssemwogerere, John Sebandeke, Hussein Mugema, Fred Bwanika and Ibrahim Ssekajja.
The state alleges that the group was found with military hardware during their arrest from Wakaliga and Busega round about. The state will be parading the fourth witness in this matter on November, 13th, 2018.