State wants Magara jailed for killings

Jun 16, 2009

THE state has asked the court to convict Ramadhan Magara, the man accused of killing two people when he fired bullets into a crowd at Bulange, Mengo in 2006.

By Edward Anyoli

THE state has asked the court to convict Ramadhan Magara, the man accused of killing two people when he fired bullets into a crowd at Bulange, Mengo in 2006.

Principal state attorney Fred Waninda yesterday said during the final submission that Magara committed the offence in broad daylight.

Waninda argued that prosecution witnesses had incriminated Magara beyond reasonable doubt.

“Prosecution’s submission is that the accused acted with malice aforethought and unlawfully killed Vincent Kavuma and Gideon Makabayi,” Waninda said.

Waninda further submitted that Magara acted in bad faith because he walked to his office after committing the offence.

Waninda contended that Maraga acted irresponsibly with a gun entrusted to him amid people who were not armed.
Wanida noted that the gun Magara signed for at the Police post was the one he used to kill his victims.

He asked the court to quash the evidence of Hammed Mulega, who testified that Magara did not fire his gun saying, Mulega was not a credible witness.

McDusman Kabega, Magara’s lawyer, however, asked the court to acquit him, saying there was no evidence to incriminate him. Kabega said the prosecution had failed to prove that Magara killed the two people.

He pointed out that there was no evidence linking Magara to the scene of crime.

Kabega argued that since the ballistics expert, Robinah Kirinya, could not tell whether it was Magara’s gun that was used in the crime, court could depend on other evidence.

“Since the burden of proof lay with prosecution, where there is slight doubt in the prosecution case, court is left with no option but to acquit the accused person,” Kabega said.

Kabega submitted that the cartridges submitted to the ballistics experts could not have come from Magara’s gun since he did not fire a single bullet.

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