Defense lawyers representing jailed Boda-Boda 2010 patron Abdullah Kitata have asked the General Court Martial to set him free saying he is being maliciously prosecuted as the charges were brought against him by the state to purposely keep him way from society.
The team led by Shaban Sanywa contends that the state's bad faith is exhibited in failure to lead evidence from an independent witness such as the manager of Vine Hotel Wakaliga where Kitata was allegedly arrested from and instead decided to rely only on the evidence of 4 UPDF officers (attached to CMI) to have Kitata defend himself .
Sanywa has also faulted the state for failing to adduce the evidence of an investigating officer and any expert witness who would have guided court on what happened at the scene of crime(-Vine Hotel) , if they had access to the footage caught on the CCTV or whether there were any forensic examinations done to establish if the golden pistol, ammunition and military uniforms which prosecution brought as exhibits in court indeed had been touched by Kitata.
The Lawyer further contends that failure to bring any evidence inform of an endorsed search warrant and certificate to show who and how the said items were allegedly recovered from the offices of Boda-boda 2010 , moved and stored too weakened prosecution's case .
Sanywa adds that prosecution hid these witnesses in bad faith because it knew that the evidence they would give would not be in their favor to place any of the suspects at the scene of crime because they had arrested all the 13 accused before raiding to search the offices of Boda -boda 2010.
Sanywa then asked the seven member court led by Lt Gen Andrew Gutti to acquit Kitata and the group because prosecution has not made out a case to warrant them offer an explanation to the nation how they came to possess the guns and Military uniforms.
kitatta and the group are on remand at Makindye police Military barracks and Luzira prison respectively since February on charges of unlawful possession of firearms, ammunition and Military hardware which prosecution says its a monopoly of only the UPDF.
Court has adjourned the case to the 10th/December to enable prosecution ably respond to Kitata's lawyers before it goes a head to pronounce itself on the same .