Court Martial Attorney – Court outlaws army executions
By Hillary Nsambu
THE execution of two UPDF soldiers in Kotido district by the Field Court Martial in 2002 was illegal, the Constitutional Court has ruled. The court in a unanimous judgment ruled that the execution was unconstitutional, because the two soldiers were not given a chance to appeal. In March 2002, Pt. Abdallah Mohammed and Corp. James Omedio, were tried by the court for the murder of an Irish Catholic priest, the Rev. Fr. Declan O’Toole and two other civilians. They were convicted, sentenced to death and immediately executed by firing squad. The Uganda Law Society and Jackson Karugaba petitioned the Constitutional Court seeking declarations that the process was unconstitutional. “I would hold that the accused persons in the Kotido trial were entitled, as a right, to appeal through the military court systems up to the Supreme Court,” said Justice Amos Twinomujuni, while delivering the lead judgment on Thursday. “After that, the President would be entitled, if he so wished, to exercise his prerogative of mercy without the intervention of the advisory committee on prerogative of mercy. Unfortunately, the execution of the two soldiers in the Kotido trial put an end to this procedure,” the judge said. The other members of the coram were Justices Alice Mpagi-Bahigeine, Stephen George Engwau, Christine Binayiisa Kitumba and Stephen Kavuma. The court, however, refused to order for compensation.
Michael Waddington is a court martial lawyer – court martial attorney that defends military personnel worldwide as well as deployed civilian contractors subject to the UCMJ. He defends Army, Navy, Air Force, Marine, Coast Guard, and civilian contractor court martial cases. He has successfully defended military personnel as a court martial lawyer Army Navy Marine & Air Force court martials in Germany, England, Italy, Iraq, Kuwait, Korea, Okinawa, Japan, Yokota, and throughout the United States. military-defense-lawyer-recentcases.htm.
Comments on this entry are closed.