{UAH} Brig Ondoga one step away from freedom

Brig Ondoga one step away from freedom

Written by Siraje Lubwama

 Last Updated: 08 May 2015

 

Brig Michael Ondoga

Since his arraignment before the General Court Martial on October 31, 2013, Brig Michael Ondoga has been battling against 10 criminal cases.

The former commander of the Uganda Amisom contingent was between May 5 and May 6 acquitted of nine counts for lack of evidence. Ondoga is the most high ranking army officer among the first batch of 28 army soldiers who were recalled from Somalia and put on trial for various offences related to operations there.

In one count, Ondoga was charged together with former contingent information officer, Lt Col Sam Kirya, over failure to execute their duties. They pleaded not guilty to this and other counts.

After prosecution led by Maj Fredrick Kangwamu closed its case, defence counsel Frank Kanduho argued that all five witnesses who included Brig Dick Olum, Lt Col Jimmy Mukiibi and Maj James Bua, had failed to prove a prima facie case to warrant his client to be put to his defence.

Delivering its verdict on May 6, court led by Maj Gen Levi Karuhanga found that prosecution had indeed failed to pin the accused.

"In the result, we find that prosecution failed to prove the offence against the accused persons beyond reasonable doubt and accordingly dismiss the charge and acquit the accused persons forthwith unless otherwise held on any other lawful charge(s)," Karuhanga ordered.

Though Kirya was freed immediately, Ondoga who had been acquitted a day earlier of eight separate charges returned to detention in Makindye military barracks pending court's ruling on the last count he faces. That ruling is due today (May 8).

The other eight counts included failure to brief his bosses, offences relating to operations, interfering with the process of the law and disobeying lawful orders. Prosecution alleged that Ondoga launched an operation from Afgooye to Baidoa without OPORDS (operational orders) on September 6, 2012.

Ondoga was also accused of committing 1,000 instead of 1,500 soldiers as ordered by the force commander, as well as failing to provide adequate combat rations such as food and water.

Ondoga was further accused of failing to stop the irregular transfer of a subordinate, failing to convene a board of inquiry and diverting 15,000 litres of operational fuel.

Prosecution further accused Brig Ondoga of obstructing investigations, failing to execute lawful orders and failing to distribute canned food equally among the battle groups. On May 5, court acquitted Ondoga on all these charges.

"This court accordingly finds that a prima facie case has not been made against the accused on any of the counts and accordingly dismisses the charges against the accused and acquit him forthwith …," Karuhanga ordered.

Today, court will rule on whether Ondoga, who has been denied bail three times since his arrest, has a case to answer on the charge of accusing his juniors [falsely] before the Chief of Defence Forces, Gen Katumba Wamala.

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Gwokto La'Kitgum

"Even a small dog can piss on a tall Building", Jim Hightower

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