Judge warns state over trial of UPDF killer soldier

By Job Bwire

The trial judge in the case in which a UPDF officer is accused of killing a first year Computer Engineering student of Makerere University has warned the State for delaying prosecution of the suspect, saying she will force prosecution to close their case if their witness does not appear in court.

Sergeant Samuel Mutanywana, a UPDF officer attached to Mbuya barracks is accused of flogging Patrick Nabukiba Geoffrey to death with a baton.

Justice Elizabeth Alividza of the High court in Kampala on Tuesday warned prosecution and said she would force them to close their case if their witness did not appear in court by October 30 (next hearing date of the case)

Alividza’s decision followed the principal state attorney, George William Byansi’s submission for the second time that one of the key witnesses (the investigating officer) was missing in court. The witness was supposed to testify against Mutanywana.

“My lord, the witness was served but I think there was some confusion in the date he’s supposed to appear in court and give evidence.
However, I pray for one last adjournment to ensure that he turns up,” Byansi said.

Consequently, Alividza said it was the last time she adjourned the case that had for the second time stalled over the missing prosecution witness.

Prosecution alleges that Mutanywana on January 1 last year at Kinoonya zone Masanafu in Kampala district with malice aforethought unlawfully caused the death of Nabukiba, contrary to section 188 and 189 of the penal code act.

Three witnesses, including the deceased’s father already testified in the trial that started on October 22 this year.

According to the victim’s father, Rev. Gideon Mutegule of Bukedi church, Eastern Tororo, Mutanywera allegedly killed his son by beating after he discovered that Nabukiba was reportedly sleeping with his (Mutanywera’s) daughter(who was also a university student) in the victim’s rented room at Kinoonya zone Masanafu in Kampala.

“Mutanywera beat my son using a baton. I received a call from one of the neighbors that my son had been attacked and flogged to death by a man who accused him of sleeping with his daughter,” he explained.

The case had been slated for Monday (yesterday) for further hearing of prosecution case. However, Alividz subsequently adjourned it to October 30 for further hearing and closure of prosecution.