Court confirms murder charges against Kagezi suspects

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The International Crimes Division of the High Court has confirmed charges of murder and terrorism against four people accused of killing the Assistant Director of Public Prosecutions, Joan Kagezi, a decade ago.  

On Tuesday (March 25), Justice Alice Khaukha Komuhangi ruled that the prosecution has adduced sufficient evidence, warranting the four accused persons to stand trial before a judge.

The accused are Daniel Kisekka Kiwanuka, John Kibuuka aka Musa, John Massajjage aka Mubiru Brian and Nasur Abdallah Mugonole.

“Having considered all the evidence disclosed by the prosecution, I find that there is sufficient evidence to establish substantial grounds to believe that each of the accused committed the crimes they are charged with,” ruled Komuhangi.

Accordingly, the judge forwarded the accused persons for trial on the confirmed charges and directed the prosecution to amend the indictment to reflect the correct chapters and sections of the law as per the revised edition.

The offences of terrorism and murder attract maximum sentences of death, upon conviction.

Kagezi was shot dead at about 7:15pm on March 30, 2015, in Kiwatule, a city suburb, as she drove home with her children.

Joan Kagezi was killed a decade ago. (File photo)

She had stopped at a fruit stall by the roadside to purchase fruits when assailants riding on a motorcycle opened fire at her car. The autopsy report indicated that she was shot twice in the neck and shoulder, through the window on the driver’s seat.

The court heard that the telephone clusters for mobile network for all active MTN and Airtel mobile telephone numbers which were within the vicinity of the scene of the crime shortly before and at the time the deceased was murdered showed that the mobile phones allegedly belonging to Kibuuka and Massajjage were located within Kiwatule.

The judge found that the disclosed evidence connects all the accused persons to the planning, organising and subsequent attack on and murder of Kagezi.

“They are also culpable under the doctrine of common intention under Section 20 of the Penal Code Act,” she ruled.

Komuhangi noted that the attack involved four people, each with a rider and a passenger who was armed with a gun, which was used to fire bullets at the deceased.

The court heard that when Kiwanuka was arrested by the Police in Luwero over theft, it was discovered while in custody that he was wanted in connection to the murder of the deceased and was transferred to Kampala for interviewing.

Subsequently, Kiwanuka confessed to having participated in the murder of Kagezi together with his co-accused.

Kiwanuka informed the investigators that he and Mugonole formed the backup team for Kibuuka and Massajjage to clear the escape route after the murder of the deceased.

Kiwanuka further revealed that he together with Kibuuka and Mugonole went to a sorcerer in Kayunga to perform rituals on them to protect and prevent them from being arrested for the murder of the deceased.

According to prosecution, the sorcerer identified by Kiwanuka was traced and it was discovered that he was on remand in Luzira Prison on allegations of committing an offence of defilement.

When interviewed regarding Kiwanuka’s allegations, the sorcerer confirmed that he had performed rituals on Kiwanuka, Kibuuka, and Mugonole immediately after the murder of the deceased and that the three accused persons left his shrine after he had been paid for his services.

The court heard that an identification parade was conducted at Police and the sorcerer identified Kiwanuka, Kibuuka, and Mugonole.   

During the hearing of the case, Thomas Jatiko the assistant Director of Public Prosecutions represented the state while the accused were represented by defence lawyers Henry Kunya and Elizabeth Nampola.