Africa-Press – Uganda. There were tears of joy yesterday as a High Court judge acquitted the last suspect who has been on trial after four years on allegations of killing former Buyende District police commander Muhammad Kirumira.
Presiding judge Margaret Mutonyi, while clearing Abubakar Karungi, 50, of two murder charges, said the prosecution failed to squarely place him at the scene of crime.
“This is a case that had no direct evidence of participation and as such, investigations should have been wider and thorough,” Justice Mutonyi ruled.
Adding: “In view of the above, my conclusion is that the prosecution failed to discharge its burden of proof on the ingredient of participation as it relied on fanciful speculation that it was the ADF rebels that killed the two deceased persons without even adducing any evidence linking the accused to ADF rebels.”
On September 8, 2018, unknown gunmen shot and killed Kirumira who was driving in a saloon car with his female friend, Resty Nalinya, in Bulenga, Wakiso District.
Justice Mutonyi further held that whoever led the investigations in this case, killed it the moment they focused on the ADF rebels yet no evidence was adduced before the court linking the accused with the rebel outfit.
“I agree with the opinion of the two lady assessors that the accused should be acquitted and I hereby acquit him of the two counts of murder. He should be released unless lawfully held over some other charges,” Justice Mutonyi ruled.
The judge further ruled that the prosecution evidence left many questions which included; who was to benefit from Kirumira’s murder, what about Resty’s murder, were they acquaintances or strangers?
Court also condemned investigators for torturing Kalungi before securing a confession statement from him as evidence. Kalungi had fresh wounds on his body a few days before the confession to the double murder case.
“The said confession statement was recorded in English and not translated or read back to the suspect (Kalungi) in Luganda, a language stated by him and investigators as one that he understands best given the fact that a closer look at his appended signature, one would think he is a young child only learning how to read and write,” the judge ruled.
“Even though it had been accepted in court as a prosecution exhibit, it fell short of the known procedures required in recording confession statements and cannot be safely relied on as evidence in court,” she added.
Justice Mutonyi also wondered why police does not conclusively investigate the source and type of guns that are used in killing citizens yet it is common knowledge that guns are a monopoly of armed forces.
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