Prosecution, assessor ask court to convict Bagyenda over murder

Wednesday January 22 2020

Detained. Brian Bagyenda at Nakawa Chief

Detained. Brian Bagyenda at Nakawa Chief Magistrate’s Court last year. PHOTO BY ABUBAKER LUBOWA  

By JULIET KIGONGO & BETTY NDAGIRE

Prosecution and an assessor have asked court to convict Brian Bagyenda, a man accused of killing his 22-year old girlfriend

Prosecution led by Mr Joseph Kyomuhendo and Ms Joan Keko told court that Bagyenda as a mastermind of the murder, fully participated and knew what he was doing when he called on his two accomplices to tie up the deceased with a pillowcase which led to her death.

“Tying the deceased with a pillowcase, the accused very well knew that this would cut off oxygen supply and eventually cause death. A1 (accused one) Bagyenda is a well-educated and a qualified pharmacist who knew that cutting off someone’s oxygen supply causes death,” Ms Keko submitted.

The two prosecutors highlighted to court the acts that were done by Bagyenda that prove that with malice aforethought, he murdered his girlfriend Enid Twijukye.

The acts included, Bagyenda sending away his maid, calling Twijukye to his home in Luzira, checking through her cell phone where he found out that she was cheating on him, calling his two accomplices, buying masking tape to tie her mouth, playing loud music as they suffocated her to death, sending two Shs200,000 as condolence fees to victim’s family and running away to book a hotel using fake names after the murder.

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“A mentally insane person could not have called his accomplices to help him dump the body in a swamp, hide the deceased's belongings, and then later go to hide in a hotel where he checked in using a fake name,” Mr Kyomuhendo explained.

Ms Oliana Anna Stacia, a court assessor also advised court to convict Bagyenda and his two accomplices saying that the state had proved all ingredients of death which was done unlawfully with malice aforethought basing on Bagyenda’s confession.

An assessor is a member of the public with no legal training and is provided for under criminal trials and always give their unbinding opinion to court before it proceeds to deliver its final verdict.

“A1 was angered by the decision of the deceased to leave him leading to him fabricating a story that she had stolen his money. This clearly shows that Bagyenda is responsible for his actions and knew what he was doing,” MS Oliana submitted.

However Bagyenda’s lawyer, Mr Allan Sserulika asked court to send him in custody for his own good, awaiting the decision by the Minister of Justice and Constitutional Affairs because he was suffering a disease of the mind.

“Bagyenda was suffering a disease of the mind at the time and to that effect his brother who was among the defence witnesses (Anorld Asiimwe) informed court that he had spoken to the police about his state of mind while he was in their custody, however they did not take it serious and only returned after 20 minutes saying he is normal,” Mr Sserulika told court.

He added that Dr Brian Mutamba, a psychiatrist from Butabika Hospital who assessed and diagnosed Bagyenda with major depressive episode combined with suicidal and anxiety symptoms was the best person to tell court about his mental status

Bagyenda, a pharmacist is jointly charged with Innocent Bainomugisha, a cleaner and Vincent Rwahwire, a casual labourer. Prosecution states that on January 4, 2016 at Njobe Road in Nakawa division, Kampala District, Bagyenda and his two co-accused murdered Enid Twijukye.

The trial Judge Moses Kazibwe Kaumi notified court that he will deliver his judgement on notice.

editorial@ug.nationmedia.com

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