Africa-Press – Uganda. Two court assessors have advised High Court Judge Margaret Mutonyi to acquit the lone accused person in the murder case of former Buyende DPC, Muhammad Kirumira and his friend, Resty Nalinya Mbabazi.
The court assessors, Ms Jacqueline Nabuufu and Ms Jacqueline Nafula, in their joint opinion that they rendered to court on March 28, reasoned that the evidence of the 16 prosecution witnesses did not place the accused, Mr Abubakar Kalungi, at the crime scene.
“My lady, this is a joint assessor’s opinion…on the fourth ingredient my lord, none of the witnesses brought to this court, placed the accused (A1) at the scene of crime,” Ms Nabuufu, who read out the opinion, told Justice Mutonyi.
Adding: “My lord, we are not convinced of the participation of the accused (Mr Kalungi). We, therefore, advise this honorable court to find the accused person not guilty of the offence charged and acquit him accordingly, we so advise.”
However, the opinion of the assessors does not bind the judge in any way and the judge may depart from it, giving his or her reasons.
Who are assessors
An assessor is an ordinary person residing in the area of the court, who is called upon to aid the court in a case. Assessors do not have special training and can be businessmen and housewives among others.
They sit with the judge during the entire hearing and listen to all the evidence presented to the court and at the end of the session, render their layman’s opinion on whether to convict or acquit the accused based on their analysis of the case.
The assessor also told the court that the evidence before it, indicated that Kalungi presented with bodily bruises, which they say was a sign that he was tortured into confessing in charge and caution statement to have participated in the murder of Kirumira.
Presiding judge Mutonyi said she will deliver her judgment on April 24, a decision that will determine Kalungi’s innocence or guilt.
Case
It is the prosecution’s case that on September 8, 2018 at Bulenga Trading Centre, the accused Kalungi and others still at large, murdered Kirumira together with his friend Mbabazi.
Kirumira, who was travelling in a saloon car with his friend, was gunned at dusk by unidentified goons who were traveling on motorbikes.
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