Kamoga dominates opening week of Muslim murder case

Sheikh Kamoga is the second accused person on the amended charge sheet.
His name first popped up in this hearing when a billing clerk with Namulundu Medical Centre on Entebbe Road told court that she personally heard the late Sheikh Mustafa Bahiga in his dying declarations say Kamoga was behind his death.

Bahiga had been rushed to Namulundu Medical Centre for first aid by his children moments after unknown gunmen shot him at Bwebajja Mosque.
Most of the names and photographs of the witnesses were concealed upon the request of the prosecution, citing their safety given the fact that this matter is sensitive as the victims met their death brutally by use of a gun.
“Don’t take me through this pain because I know I am going to die. Kamoga is this what you have decided to do? Let me die for my religion,” the billing clerk quoted dying Bahiga as having said at Namulundu.

Sheikh Kamoga’s name again resurfaced on Thursday when Bahiga’s son, whom the late sheikh was with on the fateful day of December 28, 2014, narrated to court the last hours that he shared with his father.
Just like the billing clerk, Bahiga’s son also told court that he heard his father in his dying declarations saying Kamoga had killed him.

He was asked to identify the Kamoga that his dying father was talking about and in the process, the 18-year-old witness was able to pinpoint Sheikh Kamoga who was seated on the second row and was the fourth person from the right.
His name too was concealed.
“He first called me and asked in Luganda whether I was around. Upon replying that I was present, my late dad said ‘Kamoga you have killed me’,” Bahiga’s son said.
But the host of defence lawyers led by Fred Muwema tried to punch holes in the testimony of Bahiga’s son when they demanded to know why he did not include the dying remarks in the three police statements he made shortly after his father’s death.
Bahiga’s son, who found himself in a tight corner, in response said he also does know why he didn’t include that vital information in his three police statements.
Mr Muwema put it to him that he didn’t include the statements because his late father never uttered them as claimed and the same was just an afterthought.
The other highlight of the trial was the evidence adduced by the director of health services in the Uganda Police Force, Dr Moses Byaruhanga.
Dr Byaruhanga, who is a pathologist by profession, informed court that he carried out post-mortems on Bahiga and the late Hassan Kirya.
Basing on his findings, he told court that the assailants used very high velocity guns in shooting the deceased. According to Dr Byaruhanga, each of the victims was shot with three bullets and they were fired at close range of 100cm or less.
Dr Byaruhanga told court that the assailant who killed Sheikh Bahiga was standing in front of him given the location of the wounds on his body.
The master’s degree holder in forensic pathology was teased by defence lawyer Muwema when he accused him of not having had a practicing licence in 2014, meaning that he was not qualified to carry out the autopsy on the deceased sheikhs.
“I don’t see my name here on this document, but I wish to state that this document is not up to date, I have my practicing licence renewed for this year. I can provide evidence by bringing it to this court today,” a charged Dr Byaruhanga told court.
Indeed, a day later, Dr Byaruhanga cleared the air by producing his practicing licences for the last three years.
But despite having brought to court his original practicing licence for the last three years, Mr Muwema was not satisfied as he begun by opening fresh wounds by questioning the authenticity of the licences.

Of sound mind
The other pieces of evidence came from various clinical officers who told court that they examined a number of suspects and found them to be of sound mind at the time they allegedly committed the offences.
The first clinical officer is currently attached to Naguru Health IV. In his testimony, he informed court that he examined Sheikh Kamoga and found him as being of sound mind and that his body did not have any major physical injuries apart from an old circumcision scar. The other piece of evidence was produced by the police officer who was the first to arrive at Bwebajja Mosque after the shooting.
Given the public interest in this case, the Judiciary relayed the proceedings live on large screens in a separate courtroom so that the relatives of the suspects could closely watch the proceedings.
But given the big turn up, even the second improvised courtroom is not enough as people were seen standing outside the main gate to the High Court. Long queues were a common characteristic at the main gate as members of the public were asked for identification before they could be allowed to access the court premises.
The Counter Terrorism Police manned security of the court.

About the charge sheet

According to an amended charge sheet, the 14 suspects and others still at large between December 2013 and June 2015 in Kampala and Wakiso districts, with intent to intimidate the public or a section of the public and for a political, religious, social or economic aim, indiscriminately and without due regard to the safety of others or property, directly involved themselves or were complicit in the attempted or threatened to murder or attack Ssonko Najib, Bahiga Mustaphar, Umar Swadiq, Ibrahim Hassan Kirya, Mahamood Kibaate, Haruna Jemba and Omulagira Kassim Nakibinge who were members of in a public or private institution.
They are also accused of having attempted to murder Sheikh Dr Jemba Haruna in Matugga, Wakiso District.
They face grave charges ranging from terrorism, murder to attempted murder. Hearing of the case resumes on November 1.

The suspects

Besides Sheikh Kamoga, the other suspects are; Sheikh Siraji Kawooya, Sheikh Murta Mudde Bukenya, Sheikh Fahad Kalungi, Amir Kinene, Hakim Kinene Muswaswa Katende Yusufu alias Abdallah, Sekayanja Abdulsalam alias Kassim Mulumba, Sematimba Abudulhamid Mubiru, Hamza Kasirye, Twaha Sekkito, Rashid Jingo, Musa Issa Mubiru and Iga George William.