Retired Major Habib Mudathiru, former Chief of Operations of the illegal armed group P5, on Wednesday, June 14 appeared in the Court of Appeal where he appealed the Military High Court's decision to sentence him to 25 years in prison in 2021.
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Mudathiru and 20-others were convicted on charges that include; conspiring against an established government, joining an illegal armed group, conspiracy against an established government, and terrorism-related crimes.
During the court session, Mudathiru highlighted three reasons for his appeal, including his claim of dissociation from the 2019 terror attacks in Kinigi.
The Kinigi attacks, orchestrated by RUD-Urunana, a militia operating under the P5 umbrella, resulted in the loss of at least 15 lives and caused injuries to 14 individuals. Additionally, the attack led to property looting and destruction.
Mudathiru's lawyer, Paula Umulisa, argued that her client's position as Chief of Operations within P5 did not grant him the authority to issue orders for such attacks, specifically referring to the Kinigi incident.
She further contended that Mudathiru was already in custody at the time of the attack and, therefore, was not involved.
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Continuing his defense, Mudathiru informed the judges that he had not been found guilty of forming a terror group during the previous trial. He believed this should be considered as a factor for a lesser sentence.
His lawyer also argued that there were mitigating circumstances that warranted a reduced sentence. She claimed that all the evidence presented by the prosecution during the trial was obtained from information willingly provided by Mudathiru, which demonstrated his cooperation throughout the proceedings.
In response, the prosecutors urged the court to dismiss Mudathiru's appeal, asserting that he never pleaded guilty to the charges nor cooperated as claimed by his lawyer. They contended that Mudathiru should not distance himself from the RUD-Urunana terror attack, as he provided training to the militiamen who carried out the attacks.
The appeal hearing is expected to conclude on June 15.