>SOLDIER SENTENCED TO 90 YEARS FOR KILLING A WOMAN AND BABY BECAUSE OF A PHONE
By Moses Oketayot
Private Lotukei Paul attached to Bukara army detach, 06 Mountain Battalion 222 Mountain Brigade was on last Friday sentenced to 90 years imprisonment. This was after the Mountain Division Court Martial Sitting at Muhoti Barracks in Fort portal, found him guilty of two counts of murder contrary to sub section 188 and 189 of the penal code act chapter 120.
Court heard that on 30 October 2020 at about 8:00pm, Private Lotukei with malice, unlawfully and intentionally shot and killed Nayebale Pamela (26 years) and her infant son Kusemererwa Owen (9months) after developing an argument with the former over a mobile phone in a bar at Kitumba Village, Nyakigumba Town council in Bunyangabu District.
While passing the sentence, court Chairman Lt Col Felix Nyero said “basing on the gravity of the offence committed and the evidence produced by prosecution, the sentence is appropriate and this should serve as a lesson to others. UPDF is a people’s army that has zero tolerance to criminality”.
Despite the 36 year old accused pleading not guilty to the offence, prosecution guided by Mountain Division legal officer and judge advocate Captain Ivan Nabireeba produced all evidence to prove the accused guilty beyond reasonable doubt and basing on that, the state lawyer Lieutenant Gabriel U Mavenjina asked court to give a maximum sentence to the accused.
Defence lawyer Lieutenant George W Kabanda requested court for a lenient sentence for his client since he is a first time offender that has a big family of 5 wives and 18 children, and it was not his intention to kill. He also said that he was simply provoked since he was under the influence of alcohol and was therefore not in his full senses.
Court Chairman advised the convict to appeal against the ruling within 14 days in case he is not satisfied with the judgment.
There have been several sentences of the same kind in the army in the recent past with the previous one coming in September this year when the army court that sat at the Marine Brigade Headquarters in Buliisa district and sentenced Private Cephas Rubagumya after being convicted of shooting and killing his commander, Lance Corporal Bernard Businge while at Mulima detach in Buliisa district , contrary to section 188 & 189 of the Panel Code Act .
The prosecution led by Maj Gerald Bamwitirebye told the army court chaired by Col Edison Muhanguzi that on May,27, 2020, Rubagumya left Mulima detach and went to Hoima town to withdraw his salary and on returning at around 8:40pm he started quarreling with his commander which later led to the former shooting and killing his commander