Court gives State 30 days to find assessors in ‘serial killer’ case

KAMPALA. The High Court in Kampala has given the State 30 days to trace the assessors in the murder case involving ‘serial killer’ Baker Walusimbi for the case to be concluded, else court releases him on bail.
Walusimbi, who is accused of killing at least three women, defiling and robbing many more female victims of mobile phones and other items in 2005, was presented in court yesterday for a ruling on his bail application.
His lawyer, Mr McDusman Kabega, told trial judge Yasin Nyanzi that his client, who presented a different abode yesterday as Kiswa in Nakawa as opposed to Kiruddu-Buziga, which he first presented, was ready to abide by all conditions of bail.
But Principal State Attorney Gladlays Nyombi vehemently objected to granting of bail saying she needed more time to cross-check the newly indicated abode at Kiswa, which Walusimbi claimed is his late father’s residence whose land title he failed to present claiming it was before the Administrator General who is still solving a family wrangle.
“My lord, the Director of Public Prosecutions wrote to the deputy registrar a letter inquiring the whereabouts of the assessors for us to file the final submissions so that the assessors give their opinions before the judge’s verdict is delivered, we vehemently oppose the applicant’s granting of bail now,” submitted Ms Nyombi.
But in his ruling Judge Nyanzi said continuing to keep Walusimbi in jail after 11 years will be a violation of his rights because he was denied a speedy trial.
“My judicial mind tells me that I’ll give the Deputy Registrar 30 days to find the whereabouts of the two missing assessors. If this is not done, I will proceed to grant bail with suitable conditions; both the State and the defence will make their final submissions, the assessors will give their opinion and I will have to deliver my judgment,” Nyanzi said.
He, however, warned that his giving bail to Walusimbi may not bar the State from re-arresting him, and charging him afresh before the magistrate’s court where he will take plea afresh as he awaits to be committed and re-tried again.
“After Walusimbi is granted bail here, it may require his re-arrest; take fresh plea at the magistrate’s court. After a period of 11 years he has so far spent in prison, he may have to re-start another stay waiting for another trial. It is a concern that for 11 years, he was denied a speedy trial and this court will not keep on violating his rights,” Judge Nyanzi said agreeing with Mr Kabega, the defence lawyer.
Walusimbi was arrested on January 21, 2006, following a joint operation by the police and the Violent Crime Crack Unit (VCCU).
The manhunt that resulted in Walusimbi’s arrest was mounted by VCCU and police when in December 2005 two bodies of females who had first been raped and their throats slit in a similar manner were found in different areas of Kampala.

Charged with murder
Walusimbi was charged with four counts of robbery and three counts of murder of Moreno Nebulae, who was a Senior Six student of Makerere College School; and Jacqueline Najjombwe and Maria Katasi, both residents of Najjanankumbi on Entebbe Road.
He admitted to his crimes when under police interrogation, but when he was later put on trial he recanted his admission to the crimes.
Though Ms Nyombi opposed the bail, she agreed that the three sureties presented recently were substantial enough.

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