Assessors ask court to convict UPDF captain accused of killing Eritrean businessman
A prison warder handcuffs the suspects before leading them away to court holding cells on May 7, 2021. Photo/ Anthony Wesaka
What you need to know:
- Prosecution told court that on October 27, 2016, Weldu while at his Nakumat office with his brother Michael Teagas Okuba Weldmmariam, received a phone call and thereafter, told his sibling that he was heading to the German Embassy in Kololo.
Two court assessors have advised High Court judge Flavia Senoga Anglin to convict a Uganda People’s Defense Forces (UPDF) officer accused of killing an Eritrean businessman whose charred body was found at Uganda-Kenya border of Busia after he was kidnapped from Kololo, Kampala.
The assessors; Ms Asiat Namirembe and Mr Simon Okongo in their joint opinion to court on Friday, said the prosecution led by Mr Jonathan Muwaganya, had proved beyond reasonable doubt that Capt Bumali Mangeni, aka Akeem killed Daniel Michael Weldu.
Capt. Bumali is jointly charged with two civilians; Benon Duncan Lumu and Andrew Kisitu.
The trio faces charges of murder, kidnap with intent to murder, and aggravated robbery of Weldu, who was abducted from Kololo in Kampala on October 27, 2016.
Mr Weldu, formerly a resident of Muyenga, an upscale suburb of Kampala, owned businesses both in Uganda and South Sudan. He also had an office at Nakumat Mall.
“Accused number two (Lumu), confessed to this court that he was there when the murder of the deceased (businessman Weldu) occurred. This was proved beyond reasonable doubt,” assessor Namirembe told court on Friday.
She added: “I find A2 (Lumu) and A1 (Capt. Bumali) guilty and should be convicted accordingly. I request this honorable court to acquit A3 (Mr Kisitu).”
Regarding the charges of kidnap with intent to murder the businessman and also aggravated robbery, the assessors advised court to acquit all the accused persons.
They reasoned that the prosecution had failed to prove the two offenses beyond reasonable doubt.
The assessor’s advice is a lay man’s opinion to court upon following a given criminal case.
The assessor’s opinion does not bind court, as the judge can disregard it.
After the assessors gave their joint opinion to court, Justice Anglin set May 14, 2021 to pass her verdict.
“Judgment is on Friday,” Justice Anglin said.
This is one of Justice Anglin’s last verdicts as she is on her way out of the Judiciary upon clocking the retirement age of 65 earlier this year.
The prosecution evidence presented to court during trial states that Capt. Mangeni and his co-accused first robbed Weldu of cash and property which included a Toyota Prado worth more than Shs200m before shooting him dead. They then burnt his body to destroy evidence in Busia, Kenya.
Prosecution told court that on October 27, 2016, Weldu while at his Nakumat office with his brother Michael Teagas Okuba Weldmmariam, received a phone call and thereafter, told his sibling that he was heading to the German Embassy in Kololo.
After 30 minutes, Weldu called his brother informing him that he was proceeding to his Muyenga home with two men who were to help him process a visa to Germany.
His brother kept calling him but Weldu promised to return to his Nakumat office shortly after. However, his phone was later switched off, which Mr Weldmmariam found suspicious.
Weldmmariam called Weldu’s home in Muyenga but he was told he had driven into the compound, but did not come out of the vehicle. Instead, an unidentified man came out of the vehicle, moved around the compound and returned to the car which drove away.
Prosecution states that after Weldu left his home with the strangers, he called his other brother, Mr Isaac Weldu and instructed him to go to his house in Muyenga to pick a cheque of Stanbic Bank and take it to him at Housing Finance Bank in Kololo.
“At Kololo, Isaac found the deceased in his vehicle with two unidentified men, one of whom was wearing a military uniform. After delivering the cheque leaf, the deceased told his brother to go, promising to call him in case of anything else,” the prosecution indictment reads in part.
The indictment says a few minutes later, the businessman sent Isaac a message, using an unknown number saying if he disappeared, he should be traced on the said number. The family immediately reported to Jinja Road Police Station and the Criminal Investigations Department (CID) headquarters and investigations commenced.
The family was interviewed and detectives obtained phone printouts of Weldu’s call history and identified the last number that frequently called him from Kololo Hospital and Golf Course before the kidnap.
According to the prosecution, detectives found that it’s the same simcard Lumu used to call and lure Weldu to Kololo where he was kidnaped.
Upon arrest, Lumu reportedly admitted to participating in the kidnap and told investigators that he had been contacted by his friends Capt. Mangeni and one Eddie Nsubuga, asking him to be part of the kidnap and robbery mission. Nsubuga is still on the run.
“Along the way, A1 (accused number one, Capt. Mangeni) removed a syringe containing liquid and sole tape and passed it over to A3, (Mr Kisitu) to inject the deceased. A3 injected the deceased on the neck and tied both his hands. A3 also sealed the deceased’s mouth with sole tape and ordered him to kneel down,” the prosecution evidence states.
Before Mr Kisitu left the gang, they allegedly searched Weldu’s pockets and $1,800 (about Shs7m) was removed and shared among themselves.
Capt Mangeni and Mr Lumu then drove Weldu to Kenya through the Busia border where they killed him, a few kilometres inside Kenya.
Kenya police later recovered a burnt human body at the scene on October 27, 2016 and led the Uganda police investigators to Busia Country referral hospital mortuary where the body had been kept.
Capt. Mangeni and his co-accused later led police to the crime scene where two spent cartridges, two bullet heads, a match box, burnt pieces of suspected human flesh and other exhibits were recovered.
After his arrest, Benon Duncan Lumu led police to the home of Capt. Bumali Mangeni who was also arrested. Upon interrogation, Capt. Mangeni admitted to the kidnap and murder of the Eritrean businessman, according to the prosecution evidence.
Kisitu was arrested when he visited Capt. Mangeni and Lumu at the Special Investigations Unit in Kireka.
