The Independent Uganda: You get the Truth we Pay the Price
Kampala, Uganda | THE INDEPENDENT | The High Court has halted the trial of three people accused of causing government a financial loss of 2.7 billion Shillings when they added a ghost Russian pilot on the payroll of the Uganda People’s Defense AirForce-UPDAF.
The three; Caroline Kyakabale, the former Human Resource Manager in Charge of Civilians in UPDAF, Major Lubega Kapalaga, formerly attached to the Air Force under the Directorate of Medical Services and his wife, Evas Lubega Twinomujuni, have been facing trial in the General Court Martial.
It is alleged that between October 2005 and 2016, the trio entered an employment contract with a non-existent Russian pilot, Valerie Ketrisk on behalf of the Defense Ministry. During the same period, they fraudulently received money up to USD 618,000 ( 2 .7 billion Shillings ) that was purportedly meant for the non-existent Russian pilot. The money was channelled through Barclays Bank.
Trouble for the accused started after the then Chief of Defense Forces, General Katumba Wamala reported a case of gross mismanagement of funds in the Uganda People’s Defense Air Force wing by a number of civilian employees attached to the Defense Ministry. Investigations revealed that the said Russian Pilot who was supposed to be an instructor for two UPDF helicopters was none existent.
The trio was accordingly arraigned before the General Court Martial in March 2017 where they pleaded not guilty to the charges. In 2018, Kyakabale petitioned High Court to block the trial on grounds that the General Court Martial lacks jurisdiction to try her because she is a civilian. Kyakabale also argued through her lawyers led by Retired Major Ronald Iduuli that she was denied a fair hearing since she was charged with non-service offenses dating back to 2005 yet she joined the Air force in 2008.
She asked court to declare her trial in the military court illegal. However, Prosecution led by then Major Raphael Mugisha opposed the application, saying Kyakabale was rightfully charged. Mugisha, who has since been promoted to Lt. Colonel told court that Kyakabale was charged because she received payments through her personal account using a Cheque issued by a one Valerie Ketrisk, a fictitious person that was purportedly a pilot instructor with the UPDAF.
In her ruling delivered via email, Justice Lydia Mugambe said Kyakabale is subject to military law since she reportedly aided and abetted a crime committed by a soldier. She however, noted that Kyakabale’s complaint is that she has no confidence in the court martial trial and that her right to a fair hearing will be greatly compromised.
Justice Mugambe also noted that although Kyakabale has something to do with money from a fictitious account being wired to her account, it’s not clear what offense exactly she is charged with in the Military Court. She accordingly halted the trial in the Court Martial and advised the Defense Ministry to charge her in ordinary courts.
In 2019, Justice Mugambe issued a temporary injunction halting the trial in this matter pending the disposal of the main application. Kyakabale, Lubega and his wife, Twinomomujuni have since been out on bail. The applicant’s lawyer Retired Major Iduuli told URN that the issue of military courts trying civilians should be addressed and settled once.
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