Ronald George Guna was demoted from the rank of Captain to Lieutenant by a Division Court Martial after they convicted him of charges of conduct prejudicial to good order and discipline.
The General Court Martial (GCM) sitting at Makindye in Kampala has ordered the Uganda People’s Defence Forces (UPDF) to reinstate one of its demoted officer’s rank.
Ronald George Guna was demoted from the rank of Captain to Lieutenant by a Division Court Martial after they convicted him of charges of conduct prejudicial to good order and discipline.
The charges contravened Sections 178 (1) (2) and (5) (a) of the UPDF Act, 2005 and attract a maximum sentence of dismissal from the Defence Forces on conviction.
Dissatisfied with the lower court proceedings and sentence, Guna appealed before the GCM chaired by Lt. Gen Andrew Gutti saying the lower trial court erred in law and fact when it failed to properly evaluate the evidence.
“The trial court erred in law and fact when they faulted the trial procedure and fact when it passed an illegal, harsh and excessive sentence,” Guna said through his lawyer Elizabeth Nyasingwa.
It is upon this background that Gen. Gutti ordered the reinstatement of Guma’s rank, ruling that the lower court lacked quorum to try the appellant, therefore faulting the trial procedure.
“Deliberating on the submissions of both the appellant and respondent, this court finds that the trial court failed to follow proper trial procedure and the court lacked quorum,” Gutti said.
He added that it was a grave irregularity for the lower court to sentence an accused (Guma) who did not enter a plea during trial.
“In the premises, this court finds merit in the appeal, quashes the conviction and sets aside the sentence since the whole trial was a nullity. The appellant’s rank of Captain should be reinstated and the applicant is hereby set free unless held on other lawful charges,” Gen Gutti ordered.
Background and charge
In their brief facts, the prosecution averred that on or around April 17, 2021, Guna was found conducting weapon training to recruits of a private security company called Baka Security Consultants Ltd, therefore, conduct prejudicial to good order and discipline.
That Guna pleaded not guilty to the charge, a full trial was conducted and on August 19, 2021, he was found guilty, convicted, and sentenced to demotion from Captain to Lieutenant.
For any Opinions, breaking news, Exposes, story ideas, human interest articles or Exclusive inside Stories; email Uganda Daily on: [email protected].