David Mafabi
15 September 2008
The case in which a Uganda People's Defence Forces commander is accused of causing the August 26 2007 accident along Sironko - Kapchorwa Road that claimed about 68 soldiers and their family members could be dismissed and the commander acquitted, after government failed to present witnesses.
Maj. Rogers Jingo, who was then the commanding officer of the 67th battalion, was arrested in connection with the road accident and is charged with three counts of disobeying lawful orders of the 407 brigade commander thereby causing the accident, unauthorised use of government vehicle and destruction of government property contrary to sections 133 [1] a, 158 [a] and section 162 [a] [1] all of the UPDF Act No. 07 of 2005 respectively.
Prosecution alleges that on August 26, Maj. Jingo disobeyed the lawful orders of division authorities of the 407th brigadier commander by ordering and harassing the driver of the ill fated semi trailer MV H4 DF/069, Sgt Yakubu Ngobi, to load his command vehicle unto the trailer that was carrying soldiers, their families and food.
Although prosecution [state] lined up eight witnesses against Maj. Jingo for causing the accident, only two witnesses have appeared since last year.
Maj. Jingo's lawyer, Lt Harry Lulecera requested the court martial to dismiss the case and his client acquitted for failure by the state to bring the eight witnesses to court.
"We have given you only up to September 24 as the last chance to produce all the eight witnesses or else the case shall be dismissed for lack of witnesses," Lt. Col. John Baptist Mulindwa, the UPDF 3rd division court martial chairman said.
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