Mbarara acid attackers sent to jail for 14 years
On the left is Mr Amos Katureebe before he suffered acid attack. On the right is after the attack. PHOTOS BY RACHEL MABALA
What you need to know:
- Magistrate Samuel Twakyire said according to the Penal Act, attempted murder is punishable by up to life imprisonment, but considering the prayers of both lawyers, the convicts would be sentenced to 14 years in prison.
Mbarara. A soldier and two civilians were yesterday sentenced to 14 years each in prison for attempted murder by pouring acid on a local councillor in Mbarara District.
On November 8, 2017, the eve of the visit by Justice Catherine Bamugemereire’s Commission of Inquiry into Land Matters sitting in Mbarara, Mr Amos Katureebe, the councillor representing Nyamityobora ward in Mbarara Municipality Council, was attacked with acid on the way to his home at 8pm.
He was taken to Mayanja Memorial Hospital in Mbarara and later referred to Mengo Hospital in Kampala where he has been receiving treatment since.
Five suspects, including Mbarara Municipal Council speaker Bonny Tashobya Karutsya, his brother Cpl Denis Bataringaya, aka Boyd, a soldier of the Uganda People’s Defence Forces (UPDF) attached to Bombo 409 Brigade, John Kizito Baryesiima, Emmanuel Mbaine and Geoffrey Ssali were arrested and charged. Mr Tashobya was later released on bail.
On February 1, 2018, Ssali was sentenced to 20 years in prison after pleading guilty to charges of attempted murder of Mr Katureebe.
He was later used by the State as a prosecution witness to pin Cpl Bataringaya, Baryesiima and Mbaine for participating in the crime.
While delivering his judgment yesterday, Mbarara Chief Magistrate Samuel Twakyire said he convicted Baryesiima (A2), Mbaine(A3) and Bataringaya(A5) for attempted murder but acquitted Mr Tashobya because there was no evidence that he participated in the crime.
“I agree that there were many procedural errors in recovering of exhibits using, for instance, crime preventers, identification parade using six not eight participants in addition to contradictions and inconsistencies but I find that these did not go to the root of the case and they cannot exonerate A2, 3 and 5. Therefore, this court finds that prosecution has proved beyond reasonable doubt that Baryesiima, Mbaine and Bataringaya participated in this case together with Ssali in attempting to unlawfully cause death of Katureebe,’’ Mr Twakyire ruled.
“[for Tashobya], I find no proof of participation apart from the mention of the political wrangles. So he is found not guilty and therefore acquitted,” the chief magistrate added.
Ms Glory Hareruya, the State prosecutor, had asked court to give the convicts deterrent sentences since cases of acid attacks are on the rise in the country so that members of the public can learn a lesson.
“The victim is almost dead because he cannot see. These cases of pouring acid on innocent citizens are on a rise. These convicts should get deterrent sentences so that this can stop and the public can know that life is precious and they should not take it or injure it,’’ Ms Hareruya said.
Mr Patrick Rutembana, Bataringaya’s lawyer, had pleaded for a lenient sentence of not exceeding two years since the convict was a serving army officer by the time of arrest and the government missed his services.
‘’The convict is a first offender. He was a serving soldier of UPDF and his services are still needed by the public. The convict is a head of a family, has a wife and children who entirely depend on him,’’ Mr Rutembana said.
He said punishing him with a severe sentence will be punishing his dependents.
WHY 14 YEARS?
Magistrate Samuel Twakyire said according to the Penal Act, attempted murder is punishable by up to life imprisonment, but considering the prayers of both lawyers, the convicts would be sentenced to 14 years in prison. “Section 204 of the Penal Code Act puts the maximum punishment at life imprisonment for this case of attempted murder. I agree with the prosecution that the case of acid is a serious crime and that public should get strong signal not to do the same. However, the defence lawyers have prayed for mercy on behalf of the convicts and the convicts have also been polite and I take it that they are useful,’’ Mr Twakyire ruled. “I have considered the time they have been on remand and so I sentence each of them to 14 years. I am not giving an option for a fine. The convicts have a right to appeal to a higher court,” he added.
