Court asked to acquit car bond murder suspects
What you need to know:
- The assessors further advised court to acquit the suspects, stating that most of the prosecution witnesses who testified were basing their arguments on hearsay.
Kampala. Three court assessors yesterday called for acquittal of eight people accused of murdering a businesswoman, Betty Donah Katusabe, at Pine Car Bond on Lumumba Avenue in Kampala.
These suspects are Muhammed Ssebuwufu, Godfrey Kayiza, Philip Mirambe, Stephen Lwanga, Paul Tasingika, Yoweri Kitayimba, Damaseni Ssentongo and Shaban Otuddu.
The assessors, Ms Rehema Babirye, Ms Bogere Betty and Mr Joseph Wasibi, in their joint opinion, advised court to acquit all the accused of all the three counts on grounds that prosecution failed to prove each suspect’s role in the crime.
The suspects are charged with aggravated robbery, kidnap and murder.
“Prosecution failed to prove whether there was any theft accompanied with violence where the accused participated. On the count of kidnap, which is forceful [forcible] taking a way of a person, we consider the evidence of prosecution witness number seven (PW7), Ms Specioza Nyanzi, a Special Police Constable.
She testified that she booked out before going to Bwebajja in Wakiso District to arrest the deceased (Katusabe),” Ms Babirye, who read out the joint opinion, said.
“Ms Nyanzi in her evidence explained that along the way, the deceased requested that instead of being taken to police, she should be taken to Pine Car Bond. This brings doubt if this was kidnap or lawful arrest. For that reason, we are satisfied that prosecution failed to prove its case and still advise court to acquit the accused persons,” Ms Babirye added.
The assessors further advised court to acquit the suspects, stating that most of the prosecution witnesses who testified were basing their arguments on hearsay.
Trial judge Flavia Anglin Senoga said she would evaluate the assessors’ opinion and compare it with the evidence on record to write an appropriate judgment.
The case
Prosecution contends that the accused persons and others still at large on October 21, 2015 at Pine Car Bond on Lumumba Avenue murdered Katusabe and robbed her of her mobile phone valued at Shs300,000 and immediately or after the said robbery, used a panga and sticks to kill her.
