Nagirinya murder suspect stopped from reading written defence statement
Suspect Johnson Lubega, alias Manomano Rasta, in the court dock. Photo | Juliet Kigongo
What you need to know:
- Johnson Lubega, alias Manomano Rasta, a 23-year-old former Community Integrated Development Initiative employee, was making his defence under the guidance of his lawyer while reading from notes he had made prior to coming to court.
The High Court in Kampala on Wednesday stopped a suspect accused of killing social worker Maria Nagirinya from defending himself while reading from written notes.
Johnson Lubega, alias Manomano Rasta, a 23-year-old former Community Integrated Development Initiative employee, was making his defence under the guidance of his lawyer while reading from notes he had made prior to coming to court.
Trial judge Isaac Muwata was prompted to adjourn the case for further hearing of the defence of the suspect to Thursday after prosecution led by Chief State Attorney, Jonathan Muwaganya raised concern over the matter.
“It is illegal and against court rules for the witness to be reading directly from a document. The witness is meant to just consult and not to read directly from some piece of paper without leave of court,” Justice Muwata said while noting that he also had a doctor’s appointment.
“The duty of a witness is to tell the facts from the best recollection of his memory and if he is reading from a paper, he would seem to be telling a story. Court would be capable of determining if the accused is a victim of circumstance from his recollection of events. And reference would often be made to the witness statement and not a paper the accused just wrote on,” he added.
The judge also questioned how Lubega was able to remember the events that surrounded his arrest and write them on a paper but was unable to testify in court from the recollection of his memory on the spot.
The key suspect is 32-year-old Copriam Kasolo, alias Arsenal, a former shoe hawker in Natete, Rubaga Division who had earlier told the court that Lubega is his witness.
Other suspects in the case are Nassif Kalyango, Hassan Kisekka, alias Masadda, and Sharif Mpanga.
Prosecution led by Mr Jonathan Muwaganya and Mr Timothy Emerit told court that on August 28, 2019, the suspects and others still at large at Nabisasiro Zone in Rubaga, Kampala and Mukono District kidnapped Nagirinya and Kitayimbwa and murdered them. The suspects also allegedly used violence to rob Nagirinya of her car, mobile phone and Shs260, 000 cash.
The suspects face six counts, including murder, kidnap and aggravated robbery.
