Lt Col Olanya (R) is accused of diverting fuel meant for his battalion’s operations in Somalia. PHOTO/Peter Busomoke
By Andrew Ssenyonga
Wednesday, November 26, 2014
KAMPALA - The hearing of the case in which a former UPDF commander is accused of selling fuel has failed to take off for lack of defence witnesses.
Lt Col Benson Olanya was operating under the African Union Mission to Somalia (AMISOM). The witnesses who are supposed to defend him in court are currently in Somalia.
They include Mohammad a Somali civilian who the army man is said to have given 420 litres of fuel in exchange for the camp generator and Maj. Moja who reportedly got 300 litres meant for the operations.
Olanya has so far made his rebuttal in the case with three defense witnesses out of five he presented to the General Court Martial.
On Monday, Olanya’s lawyer Maj. Ronald Iduuli told the General Court Martial presided over by Maj. Gen. Levi Karuhanga that his client needed the absent witnesses because they took part in the said fuel transaction.
Olanya said his client used the fuel for joint operations with the Somali National Army (SNA) and securing a generator for his troops.
“My Lord it is not true that I sold fuel. I used it for a joint operation with the SNA and securing a generator for my troops because we could not bear the darkness.”
His lawyer asked court to avail those witnesses, saying they are a core factor in Olanya’s case. “My Lord in our case, we are only left with two most important witnesses of whom we ask court for their availability.”
In his reply the army court chairman Maj. Gen Karuhanga said court would avail them with the witnesses but on a later date.
“I hereby adjourn this case until 7th January next year when the court has availed the two defence witnesses from Somalia,” he ruled.
Olanya, 52, is accused of diverting the said amount of fuel meant for his battalion’s operations.
So far the three defense witnesses – including Olanya – have told court that he (Olanya) did not divert the fuel, arguing that he used it for the benefit of the mission.
The prosecution team, through their seven witnesses, also told court that on June 9 last year, while executing his duties, Olanya ordered solders to issue arms to Somali civilians.
Olanya is currently detained at Makindye Military Police prison.