Category: Justice

{The anti-poaching campaign has gained momentum after the Arusha Resident Magistrate’s Court sentenced two poachers, Damas Komba and Jamal Athuman, to total of 40 years imprisonment or pay a fine of over 970m/- for illegal possession of government trophies.}

Resident Magistrate Chrisanta Chitanda convicted the two accused persons last Friday after being satisfied by evidence produced by six prosecution witnesses, led by State Attorney Felix Kwetukia. The convicts were found with five pieces of elephant tusks.

None of them managed to pay the fine.

Among the witnesses called by the prosecution, includes Assistant Inspector Mseja, who arrested the duo, Solomoni Jeremiah, the valuer of the government trophies, Police Constables James Kugusa and Sherwin Qorro, who had kept the exhibits. Inspector James and Assistant Inspector Kaitira had recorded statements for the accused persons.

Exhibits tendered included five pieces of elephant tusks, certificate of seizure, certificate of valuation of trophy, exhibit handling document and caution statements for the accused persons.

The prosecution had told the court that Komba (52), a businessman, who resides at Kijenge Mwanama and Athman (38), a Chef and resident of Morombo area, committed the offence on January 15, this year, at Korongo la Selela within Monduli District in Arusha City.

Jointly and together, the accused persons were found in unlawful possession of the said pieces of elephant tusks weighing 25.2kg valued at 97,200,000/-, the property of the government.

Facts show that the accused persons were arrested following receipt of some information from the informer to the effect that they were about to do an illegal business of elephant tusks.

The trap that led to the arrest of the accused persons was set while they were in process of conducting the said illegal business. Upon being found with the tusks, the accused persons were asked if they had license to possess the trophies, but they had none.

Following being found in unlawful possession of the government trophies without license, certificate of seizure was filled and signed by the accused persons signifying seizing of five pieces of elephant tusks.

Thereafter, the accused persons were arrested and brought to Mto wa Mbu Police Station together with the pieces of trophies for interrogation. Upon being interrogated by police officers, the accused persons confessed to have been involved with the commission of the offence charges.

About a week ago, the Karatu District Court at Arusha City sentenced another poacher, Gitabeka Giyaya (54), to 20 years imprisonment or pays a fine of 250,965,000/- for unlawful possession of 13 pieces of elephant tusks, which are government trophies. Giyaya was imprisoned having failed to pay the fine.

It was alleged that on December 4, 2014, at Mang’ola Gorofani areas within the district, the accused person was found in possession of the said 13 pieces of elephant tusks valued at 25,965,000/-, the property of the government.

Last month, two other poachers, Gidamis Giyamu alias Hamis and Petro Kilo alias Kinangai alias Nanga, were also sentenced to a total of 40 years or pay over 900m/-for being found with four pieces of elephant tusks, which are government trophies without permit.

Both convicts opted to go to jail having failed to pay the fine. Giyamu, according to the magistrate, was required to pay 600,791,500/- to escape the custodian sentence of 20 years, while Kilo had to pay 290,172,000/- if he was to avoid the same jail term.

The prosecution had told the court that Giyamu committed the offence on December 23, 2012, at Olden area within Karatu District in the city, where he was found in unlawful possession of two pieces of elephant tusks weighing 70kg, valued at 60,791,500/-, property of the government.

{The Court of Appeal has confirmed the life imprisonment sentence imposed on Nigerian woman, Vivian Edigin, who was convicted by the High Court of drug trafficking.}

The Nigerian was found guilty June 2015 for trafficking 63 pellets of cocaine hydrochloride—narcotic drugs weighing 797.56gms—valued at over 39m/-.

Justices Edward Rutakangwa, Engela Kileo and Salum Massati reached the decision after dismissing the appeal the Nigerian national, the appellant, had lodged in attempt to challenge both conviction of the offence and the sentence meted against her on June 29, last year, by the High Court.

“Without much ado, we are settled in our minds that the trial court did not error in convicting the appellant of trafficking in narcotic drugs in contravention of the law.

“There is no cause, whatsoever, for us to interfere with the findings of the trial court,” the panel of judges declared in the judgment dated August 2, 2016.

{Human rights monitors say Allied Democratic Forces have been involved in killing more than a thousand civilians.}

A military court in the Democratic Republic of Congo has begun the trial of 215 members of an armed group accused of killing hundreds of civilians in and around Beni town in the country’s northeast.

Eighty accused members of the Allied Democratic Forces (ADF) from Uganda, Congo, Rwanda, Kenya, Tanzania and Sudan, were present in court on Saturday in Beni, North Kivu province, where they face charges of massacring civilians, prosecutor Kumbo Ngoma told the DPA news agency.

The remaining suspects will be brought from prisons elsewhere in the country to face trial.

Six suspects who took the stand on Saturday were accused of participating in the killing of 51 people with machetes near Beni town last weekend.

Appearing at the public hearing in blue and yellow prison shirts, the six were charged with “participation in an insurrectional movement, crimes against humanity for murder and terrorism,” said Colonel Jean-Paulin Esosa, who presides over the military court.

The accused admitted at the hearing to having been “at the service of the Allied Democratic Forces”, AFP news agency reported.

The ADF was founded in Uganda in 1995 and later moved to Congo where it is one among dozens of armed groups seeking control over territory and mineral resources in the east of the country.

{{‘Severest punishment’}}

One survivor of last weekend’s attack, Eve Kahambu, told AFP she wanted to see the “murderers” receive “the severest punishment”.

Human rights groups put the number of ADF victims at more than 1,000 over the past two years.

Many of the massacres have taken place around Beni and have been blamed on the ADF though independent observers have also blamed government troops.

Four people were killed on Wednesday around Beni following protests by thousands of people who accused the government and UN peacekeepers of not protecting them from the ADF.

Security forces clashed with the protesters, who burned an effigy of the country’s president, Joseph Kabila, as well as flags of his ruling People’s Party for Reconstruction and Democracy.

One protester was shot dead. Protesters then stabbed and killed a soldier in revenge, Beni Mayor Nyonyi Bwanakawa Masumbuko told the DPA news agency.

Protesters also set two people on fire after they were accused of belonging to the ADF.

More than 140 protesters were arrested.

{At about 8pm July 7, 1998, a 70-year-old woman (name withheld) locked her door and went straight to her bedroom.}

At about 8pm July 7, 1998, a 70-year-old woman (name withheld) locked her door and went straight to her bedroom.
At midnight, a bang on the door woke her up. Before she could recover from the shock, the attacker was already on her bed. She could not identify him because it was dark. In seconds, the stranger was pressing her hard on the bed.

It was clear he had ill motives. She couldn’t fight the attacker. Her worn out muscles couldn’t match his strength. Her only hope to escape the onslaught was help from the neighbours. She raised an alarm. Unfortunately, her house was far away from neighbours. No one heard her cries. Her attacker didn’t stop.

The male attacker wanted to forcefully have sexual intercourse with her. Because of her advanced aged, she was defenceless. The man raped her.
She later told investigators that she had no option, but to allow the man do what he wanted for fear that if she continued to resist, he would harm her.

The elderly woman said the male attacker took her giving in for approval and relaxed the manner in which he was abusing her.
“I told him that it would be risky to leave the door open at night. I told him to let me go fasten the door lock and then come back. He accepted,” the elderly woman told investigators later.

The elderly woman left to close the door as the attacker remained in her bed. When she reached the door, she just jumped out of the house and fled. The attacker swiftly pursued her before she could even leave the yard and caught up with her.

The elderly woman claimed she wasn’t running away, but wanted to go for a short call.

Playing along
They went back to the house and he again forced her into sex. She again pretended to be okay with the “relationship” making him open up about his profession. He told the elderly woman he was a soldier, who had been transferred to Kirawula army detach in Madudu Sub-county in Mubende District.
With promise of a relationship, the man decided to leave the elderly’s woman home at 7am.
He even asked the elderly woman to direct him to where the barracks was. She obliged.

As soon as they parted, the elderly woman ran to her neighbours, Moses Kisenyi and Rosemary Nakyambadde, to whom she narrated the unfortunate incident that happened to her at night.
The neighbours were annoyed and wanted him arrested. The elderly woman described to them what the man looked like. She also told them the man was walking towards the army detach. Kisenyi then picked a bicycle and pursued the attacker.

On the way, Kisenyi later told investigators, he found a man who fit the description given by the elderly woman.
“Before I rode closer to the man, he signalled me to stop. I stopped and he asked me for the direction to the army detach. I agreed to walk with him to the place,” Kisenyi said.
The duo went on chatting about several topics. Kisenyi told investigators that the man informed him that he was a soldier and he had spent the night in their village.

Several metres to the army detach, they were joined by another soldier, who was known to Kisenyi as Kasozi. When they were about to reach the entrance of the army detach, the stranger wanted to use a shortcut to his house.

He said he didn’t want to go through the main entrance on security grounds.

Kisenyi took advantage of that moment to inform Kasozi that the man with them was being accused of raping an elderly woman.

{Fourteen people, among them three junior soldiers of the Uganda People’s Defence Forces (UPDF) have been remanded in connection with the alleged attack on Gulu Army Detach and Gulu Central Police Station.}

Kampala. Fourteen people, among them three junior soldiers of the Uganda People’s Defence Forces (UPDF) have been remanded in connection with the alleged attack on Gulu Army Detach and Gulu Central Police Station.
In May and June, gunmen attacked and raided Opit Army Detach and Central Police Station both in Gulu District killing and injuring security officers.

The accused persons were charged before the Military Court on offences of treachery. They are also charged with the murder of two soldiers at the army detach, two police officers at Gulu Central Police Station and causing grievous harm to four people.

Those charged are L/Cpl Simon Mugisha attached to Makindye Military Police, Pte Akina Ophine Kasamba alias Jaimoro Opio Nickson a watchman/ builder of Zika Zone, Kawuku Entebbe in Wakiso District, Agenurwoth Collins Odori, a private guard with Jamal resident of Katende Zone in Nakawa Division, Maditrowth Vincent a private guard resident of Kyebando in Kawempe Division and Lukwiya Kakonick a peasant resident of Pawat Omeru in Nwoya District.

Others are Richard Okech a boda boda rider of Leb-Ngek in Nwoya, Alfred Odongpiny a boda boda rider of Kal-atoocon village in Nwoya, Geoffrey Komakech a peasant in Nwoya, Charles Onen (Nwoya), Richard Onen alias Munu Opegu boda boda rider of Gulu, Opio Thomas Opiyo peasant from Gulu, Vincent Ochola Ocen alias Okema Denis, a casual labourer from Kitgum District and Pte Okidi Fred Opio Layika attached to papa Batallion under 5th Division.

They all denied the charges before Makindye General Court Martial chaired by Lt Gen Andrew Gutti. They were remanded until August 30 after the state told court that inquiries into the matter were still ongoing.

{{The charges}}

Prosecution alleges that on May 27 with intent to prejudice the security of the country, the group infiltrated and attacked the defence forces at Opit Army Detach in Gulu. The state also alleges that on June 12, the same group with intent to prejudice the security of the defence forces attacked Gulu Central Police Station.