Overview:
The offences against rally driver Ponsiano Lwakataka entail criminal trespass offence, contrary to sections 302 (a) of the Penal Code Act, forcible entry contrary to sections 77 and 22 of the Penal Code Act as well as Malicious Damage, contrary to sections 335 of the Penal Code Act.
Motor rally star-cum-businessman Ponsiano Lwakataka is currently jailed at Luzira main prison in Kampala.
The embattled speedster is battling different cases alongside the co-accused including damaging a barbed wire fence belonging to Ms Josline Namanya using hammers and axes.
In some of the case, he was sentenced to 14 months in prison by Her Worship Patience Koburungi, a Magistrate Grade one in the Mukono Magistrate’s court.
Lwakataka, a 43-year-old resident of Kyebando – Kawempe (Kampala) has already appealed the sentence through his lawyer Dennis Wabwire as he battles the other cases.
Part of his defence includes the many dependents he is looking after in his native town of Masaka, many of whom have been inconvenienced severely because of the continued detention, high blood pressure, among others.
According to the amended charge sheet, from the office of the Resident State Attorney Mukono, the case HQS-CO-529-2018 (Reference: E/378/2018), Ponsiano Lwakataka is charged alongside two others; a medical doctor Deo Kizito Lukyamuzi, 43 and a businessman John Ssekitoleko.
The trio is charged with criminal trespass offence, contrary to sections 302 (a) of the Penal Code Act.
It is alleged that the three (Lwakataka, Lukyamuzi and Ssekitoleko), others still at large entered land comprised in Kyaggwe Block 111 (plot 1076) at Kiwanga – Luanda village in Mukono district, belonging to George William Kawooya with intent to commit an offence to wit malicious damage to property of Kawooya.
The other offences are forcible entry contrary to sections 77 and 22 of the Penal Code Act as well as Malicious Damage, contrary to sections 335 of the Penal Code Act.
In this particular offence, the three are accused of willfully and unlawfully damaging concrete fencing poles and barbed wires on the property of George William Kawooya.
The case was prosecuted by Jonathan Muwaganya, a chief state Attorney in the office of the Director of Public Prosecutions.
Lwakataka recently returned to the Mukono Magistrates’ Court for the defence hearing before Grade One Magistrate Paul Matyama.
His Worship Matyama set the 15th February 2023 as the day for return to court for judgement.
