KAMPALA– Court of Appeal sitting in Kampala has concluded hearing of a matter where five people who were sentenced to 42 years in jail over murder challenge the decision of Mubende High Court.
On Tuesday, a panel of Court of Appeal Justices Irene Mulyagonja, Margaret Tibulya, and Justice Moses Kawumi Kazibwe heard that the five convicts have spent eight years in prison serving a sentence on case where the judgement is no where to be seen.
The five In prison who include Lwegaba Stephen, Bagamba Jonani, Bisherwa Paretison, Tukamushaba Federico and Noel Godison (appeared via video conferencing) , through their lawyer Brian Serunjogi informed court that they were convicted in 2017 and later sentenced in absensure after a period of two years.
“The record is very clear, that we don’t have any judgement as far as this matter is concerned, but people are in prison serving a sentence.” Stated Justice Irene Mulyagonja
State Prosecutor in the matter, Assistant DPP Samalie Wakholi submitted that they perused the file , the whole court record and realized that there was no copy of judgement regarding the same matter.
“From reading of section 11, the appellant court has powers as those of the court of original jurisdiction.” Its from the above reason that counsel Brian prayed that court should hear the whole matter afresh.
Wakholli based on these submissions and objected to this prayer on grounds that the justices didn’t watch the demeanor of the witnesses as they testified as well as all other things that was submitted as evidence during the trial.
“The late Elizabeth Nahmya (trial judge) was among the few who did their work diligently and recorded everything including the demeanor of witnesses.” Stated justice Mulyagonja
Court therefore promised to base on the submissions of counsels from both sides to come up with a final decision.
Background
These were charged with murder contrary to section 188 and 189 of the Penal Code Act.
The Prosecution averred that, the deceased Senyondo Emmanuel who was a son to Lwegaba Stephen who on several occasions had threatened him with death for aiding his wife Nassuna Scovia to take him to Police and Court for allegedly mistreating her.
State further averred that before moving to Mubende District, Lwegaba,the deceased and Nassuna Scovia used to stay in Sembabule and Lwegaba later got other women/ wives and they moved to Mubende.
Lwegaba made numerous allegations that his wife Nassuna was bewitching him, and he threatened to kill her and her children.
That on the 25th day of December 2014, A.l asked his wife Nassuna to go in the evening with the children to town and spend the Christmas evening there, but his wife who wasn’t feeling well declined and Lwegaba gave her UShs. 20,000/= to buy for the children soda.
Later, the deceased’s wife heard two boys saying that a man had been chased by three men who eventually caught him and cut him and he died. Lwegaba’s wife rushed to the scene and she met Musisi on the way who told her that it was her husband who had been cut and he was already dead.
As investigations were ongoing, Lwegaba handed himself to police and recorded a Charge and Caution Statement where he confessed having participated in the murder of the deceased with other persons, and that the plot was orchestrated by the father to the deceased.
Other appellants were also arrested, tried by the High court of Mubende for the offence of murdering the deceased Senyondo /s 188 & 189 of the penal code Act and they were subsequently convicted and sentenced to 45 years of imprisonment.
The period the Appellants had spent on remand was removed and they remained with 41 years and seven months of imprisonment.
Being not satisfied with both conviction and sentence, they petitioned court of Appeal.
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