Africa-Press – Uganda. Former prison warder attached to Lwamagwa government prison loses second appeal to overturn his punishment of imprisonment for the rest of his natural life that was handed to him three years ago over two murders.
Dodoviko Mutende Gonzaga was sentenced to imprisonment for the rest of his natural life after he was found guilty of murdering two people by the then justice Margaret Tibulya at Masaka High Court.
Being dissatisfied with the punishment, he appealed before the court of Appeal which upheld the sentence; however, Gonzaga was not satisfied again leading to his second appeal at the Supreme court which is the last appellate court in Uganda.
Gonzaga had contended that the sentence of imprisonment for the rest of his natural life imposed by the trial Court was vague and contravened Article 28(12) of the Constitution hence making it illegal.
In a unanimous judgment, a five-member panel led by the Chief Justice Alfonse Owiny-Dollo, the court ruled that the second appeal by Gonzaga had no merit thus dismissing it.
Other justices are Faith Mwondha, Prof Lilian Tibatemwa Ekirikubinza, Percy Night Tuhaise and Mike Chibita.
While upholding the sentence, court relied on the case of Tigo Stephen Vs Uganda, Criminal Appeal N0.08 of 2009 in which court defined life imprisonment as “We hold that life imprisonment means imprisonment for the natural life term of a convict, though the actual period of imprisonment may stand reduced on account of remissions earned”.
“From the above case, it is our finding that the appellant was sentenced to life imprisonment. Life imprisonment is a penalty which is stipulated in our statute books,” the justices held.
Adding….“In the result, we find no merit in this appeal and it is accordingly dismissed. Consequently, the appellant’s sentence as upheld by the Court of Appeal is upheld.”
Background
On April, 12, 2014 at Gonzaga shot Justine Naggawa, an expectant mother and Pauline Nakanwagi from their home in Gayaza village.
According to the court documents, there had been misunderstandings between the accused’s family and the deceased’s family over a piece of land with Gonzaga attempting to kill the Nakanwagi on two separate occasions.
Testifying about the events of the fateful evening, first prosecution witness John Bosco Senoga said that on the 12th day of April 2012 around 8:00 pm he was in the compound of his house. He used a torch to check on his domestic animals.
His mother Nakanwagi was sitting in the compound, while his wife, Nagawa was sitting on a veranda. He gave his wife the torch so that she could capture a cricket which was making noise from the compound.
Documents further state that as Senoga was standing in the compound the accused (now the convict Gonzaga) and another person emerged from behind the toilet only to hear a voice say, “shoot”.
“The accused then shot Nakanwagi in the arm. She first ran towards her house, but turned to go to Senoga’s house which had two doors. The late Nagawa tried to close the inside door while she tried to open the outer door. In that process the accused shot her (Nakanwagi) in the chest,” documents read in part.
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