Astles escapes the noose
Jun 26, 2009
Over time, the High Court has decided on a number of high profile cases. In a series, Saturday Vision looks back at some of the attention-grabbing cases that have visited the court room.<br><br>The year was 1977. Henry Musisi, 16, had been shot through
Over time, the High Court has decided on a number of high profile cases. In a series, Saturday Vision looks back at some of the attention-grabbing cases that have visited the court room.
By Ann Mugisa
The year was 1977. Henry Musisi, 16, had been shot through the head. He took another bullet in the abdomen.
Two years later, in 1979, one of Idi Amin’s most trusted henchmen, Bob Astles, a Briton, was arrested in Kenya. He had fled the country as Amin’s dictatorial government crumbled under pressure from the invading Tazanian forces.
However, Astles was brought back to stand trial for the boy’s murder, along with another suspect, Charles Tindyebwa.
After listening to the initial proceedings, Justice Seth Manyindo ruled that there was evidence to warrant Astles to explain himself. According to the judge, at least three prosecution witnesses had claimed to have seen Astles shoot the boy while on Lake Victoria.
“In my opinion, here was evidence on which, if it were believed, this court could reasonably convict the accused person (Astles),†Justice Manyindo ruled in 1981.
witness testifies against Astles
Musisi’s brother, Bisase, testified that as they were sailing to an island on Lake Victoria to visit their brother Sentongo, Astles with four armed people on his boat, moved towards them.
Bisase narrated that Astles shot in the air once and then aimed at the two boys and shot again. A bullet caught Musisi in the abdomen as he dropped in the boat. Scared, Bisase dived into the water and swam up to the shore. He fled to his grandmother’s house, a mile away, where he stayed the night.
He testified that Astles used to frequent the area in search of coffee smugglers, so he could identify him correctly. He said he was afraid of reporting the matter, fearing the military men who used to shoot people dead. Astles and his men, he added, took away the boat and it was never seen again.
Muyimbwa, a primary school teacher, said he was walking on the shore and saw two boys take to the water about 100 yards from him. He added that he saw Astles’s boat moving towards the boat of the two brothers. He said Astle stood up in his boat, aimed at them, shot and Musisi fell.†Other gunshots came from Kikoko Port on Lake Victoria. Afterwards, Astles and his companions pulled the boys’ boat to the shore and shot again. This was around 6:45pm, Muyimbwa said.
I heard the gunshots
Ssentongo testified that he was at home, sick, when he heard gunshots. He then went outside his house to investigate and saw a boat chasing the one owned by his brother. Astles was standing and pointing a gun at the two boys. “I heard two gun shots and saw Bisase dive into the water. I returned to my house and told my wives there was trouble on the lake. I told them we should go into hiding, which we did.â€
Astles reacts to testimonies
In his defence, Astles said he was not at the scene on that day. He gave a long history of his activities in Uganda since 1952 when he arrived here as a superintendent in charge of road measurements.
By May 1977, he was the presidential advisor on British Affairs, general manager of the Cape Town Villas, a presidential hotel and the Senior Superintendent of the Police in charge of the anti-corruption unit of the internal affairs ministry.
His duties included patrolling Lake Victoria and its surroundings.
He said he started Patrolling the Lake in June 1977 and that on the said day, he worked full time at the Cape Town Villas.
Astles said prosecution witnesses might have mistaken him for Lt. Abdu Sina, a half- caste army officer who was commanding the marine commando anti-smuggling unit that was stationed near the scene of the crime.
He said in March 1979, when the war intensified, he borrowed a boat number V.C. 36 from John Muwonge and travelled to Kisumu in Kenya where he was arrested and detained.
But Muwonge denied that Astles had borrowed the boat. According to him, Astles forcefully took the boat and it was never recovered. It occured that Sentongo had entrusted the boat to Muwonge, who in turn handed it over to Bisase, the deceased’s brother, to transport fish.
JUDGE’s faith in astles
Justice Manyindo believed Astle’s story, calling him an impressive, straight forward witness who was not shaken by cross-examination. “I believe the evidence that he borrowed the canoe, V.C. 36, from Muwonge in March 1979, to take him to Kisumu and he left his smaller boat to Muwonge.
Evidence has discrepancies According to the Judge, evidence by the prosecution witnesses was riddled with so many contradictions that no court could base a conviction on it. For example, he noted, Bisase had made several statements with variations and had contradicted himself in the Court.
In one of the statements, Bisase said when his brother was hit, he dived into the water and swam up to a marshy spot “where I stopped, got my head out and saw Astles and his three companions pulling our boat towards Kikoko Port. At the shore, they threw a crying Musisi out into the shallow waters where he managed to crawl to the main land.â€
The judge noted that Bisase also said Astles and his colleagues attacked Ssentongo, burnt his house and arrested him. But Ssentongo said he run away and hid with his wives when he sensed trouble on the lake.
Bisase recorded another statement months after the incident, saying that his brother had reached the middle of the lake when they realised that they were being trailed by men in commando uniform.
Later in court, he denied some aspects of the statements made to the Police. The Police officers who took the different statements insisted they recorded correctly and had read them out to Bisase before he signed them as true.
According to the judge, there were discrepancies in the evidence and the Police statements. He said Bisase’s denial of the statement was an afterthought and that he had been completely shaken in cross-examination. The judge said Bisase was a liar and unreliable.
The judge also dismissed the evidence by Muyimbwa, the teacher, saying his statements made to the Police were contradictory. In one of the statements, Astle’s boat came from behind his victims and in another, he had come from the opposite side.
Justice Manyindo also found fault with Sentongo’s testimony. He had stated that he did not recognise the assailant, but in court, he said he recognised Astles. He observed the claim that Ssentongo recognised Astles was an after-thought.
He also rejected Muwonge’s claim that Astles grabbed his boat and it was never seen again. The judge noted that the real owner of the boat, Ssekitoleko, testified that he had the boat in February 1978, nine months after the alleged murder. He said Muwonge had also testified that Astles seized the boat after the shooting and took it for good, but failed to explain how it was in his possession a year later.
Following Manyindo’s ruling, Astles, who had been in detention in Kenya and Uganda since his arrest in 1979, was declared a free man towards the close of 1981.
By Ann Mugisa
The year was 1977. Henry Musisi, 16, had been shot through the head. He took another bullet in the abdomen.
Two years later, in 1979, one of Idi Amin’s most trusted henchmen, Bob Astles, a Briton, was arrested in Kenya. He had fled the country as Amin’s dictatorial government crumbled under pressure from the invading Tazanian forces.
However, Astles was brought back to stand trial for the boy’s murder, along with another suspect, Charles Tindyebwa.
After listening to the initial proceedings, Justice Seth Manyindo ruled that there was evidence to warrant Astles to explain himself. According to the judge, at least three prosecution witnesses had claimed to have seen Astles shoot the boy while on Lake Victoria.
“In my opinion, here was evidence on which, if it were believed, this court could reasonably convict the accused person (Astles),†Justice Manyindo ruled in 1981.
witness testifies against Astles
Musisi’s brother, Bisase, testified that as they were sailing to an island on Lake Victoria to visit their brother Sentongo, Astles with four armed people on his boat, moved towards them.
Bisase narrated that Astles shot in the air once and then aimed at the two boys and shot again. A bullet caught Musisi in the abdomen as he dropped in the boat. Scared, Bisase dived into the water and swam up to the shore. He fled to his grandmother’s house, a mile away, where he stayed the night.
He testified that Astles used to frequent the area in search of coffee smugglers, so he could identify him correctly. He said he was afraid of reporting the matter, fearing the military men who used to shoot people dead. Astles and his men, he added, took away the boat and it was never seen again.
Muyimbwa, a primary school teacher, said he was walking on the shore and saw two boys take to the water about 100 yards from him. He added that he saw Astles’s boat moving towards the boat of the two brothers. He said Astle stood up in his boat, aimed at them, shot and Musisi fell.†Other gunshots came from Kikoko Port on Lake Victoria. Afterwards, Astles and his companions pulled the boys’ boat to the shore and shot again. This was around 6:45pm, Muyimbwa said.
I heard the gunshots
Ssentongo testified that he was at home, sick, when he heard gunshots. He then went outside his house to investigate and saw a boat chasing the one owned by his brother. Astles was standing and pointing a gun at the two boys. “I heard two gun shots and saw Bisase dive into the water. I returned to my house and told my wives there was trouble on the lake. I told them we should go into hiding, which we did.â€
Astles reacts to testimonies
In his defence, Astles said he was not at the scene on that day. He gave a long history of his activities in Uganda since 1952 when he arrived here as a superintendent in charge of road measurements.
By May 1977, he was the presidential advisor on British Affairs, general manager of the Cape Town Villas, a presidential hotel and the Senior Superintendent of the Police in charge of the anti-corruption unit of the internal affairs ministry.
His duties included patrolling Lake Victoria and its surroundings.
He said he started Patrolling the Lake in June 1977 and that on the said day, he worked full time at the Cape Town Villas.
Astles said prosecution witnesses might have mistaken him for Lt. Abdu Sina, a half- caste army officer who was commanding the marine commando anti-smuggling unit that was stationed near the scene of the crime.
He said in March 1979, when the war intensified, he borrowed a boat number V.C. 36 from John Muwonge and travelled to Kisumu in Kenya where he was arrested and detained.
But Muwonge denied that Astles had borrowed the boat. According to him, Astles forcefully took the boat and it was never recovered. It occured that Sentongo had entrusted the boat to Muwonge, who in turn handed it over to Bisase, the deceased’s brother, to transport fish.
JUDGE’s faith in astles
Justice Manyindo believed Astle’s story, calling him an impressive, straight forward witness who was not shaken by cross-examination. “I believe the evidence that he borrowed the canoe, V.C. 36, from Muwonge in March 1979, to take him to Kisumu and he left his smaller boat to Muwonge.
Evidence has discrepancies According to the Judge, evidence by the prosecution witnesses was riddled with so many contradictions that no court could base a conviction on it. For example, he noted, Bisase had made several statements with variations and had contradicted himself in the Court.
In one of the statements, Bisase said when his brother was hit, he dived into the water and swam up to a marshy spot “where I stopped, got my head out and saw Astles and his three companions pulling our boat towards Kikoko Port. At the shore, they threw a crying Musisi out into the shallow waters where he managed to crawl to the main land.â€
The judge noted that Bisase also said Astles and his colleagues attacked Ssentongo, burnt his house and arrested him. But Ssentongo said he run away and hid with his wives when he sensed trouble on the lake.
Bisase recorded another statement months after the incident, saying that his brother had reached the middle of the lake when they realised that they were being trailed by men in commando uniform.
Later in court, he denied some aspects of the statements made to the Police. The Police officers who took the different statements insisted they recorded correctly and had read them out to Bisase before he signed them as true.
According to the judge, there were discrepancies in the evidence and the Police statements. He said Bisase’s denial of the statement was an afterthought and that he had been completely shaken in cross-examination. The judge said Bisase was a liar and unreliable.
The judge also dismissed the evidence by Muyimbwa, the teacher, saying his statements made to the Police were contradictory. In one of the statements, Astle’s boat came from behind his victims and in another, he had come from the opposite side.
Justice Manyindo also found fault with Sentongo’s testimony. He had stated that he did not recognise the assailant, but in court, he said he recognised Astles. He observed the claim that Ssentongo recognised Astles was an after-thought.
He also rejected Muwonge’s claim that Astles grabbed his boat and it was never seen again. The judge noted that the real owner of the boat, Ssekitoleko, testified that he had the boat in February 1978, nine months after the alleged murder. He said Muwonge had also testified that Astles seized the boat after the shooting and took it for good, but failed to explain how it was in his possession a year later.
Following Manyindo’s ruling, Astles, who had been in detention in Kenya and Uganda since his arrest in 1979, was declared a free man towards the close of 1981.