Kirya accused Kamoga of plot to murder him - witness

Suspects in court. PHOTO/Meddie Musisi

The slain Muslim cleric, Sheikh Hassan Ibrahim Kirya recorded a statement to the police indicating that Sheikh Muhammad Yunus Kamoga wanted to kill him and his associates.

Testifying on Thursday as prosecution witness number 23, Senior Superintendent of Police (SSP) Paul Mark Odong told the International Crimes Division of the High Court that on January 12, 2015 he recorded a statement from Sheikh Kirya in which he alleged that Kamoga had told the youth at Nakasero and William Street mosques that they (Kirya and his colleagues) deserve to die.

Odong was testifying in the trial of 14 men include Sheikh Yunus Kamoga on charges of terrorism and murder of Sheikh Hassan Kirya and Sheik Mustafa Bahiga.

Justice Ezekiel Muhanguzi is leading the panel of judges presiding over the trial conducted at the main High Court building in Kampala. Others on the panel are Jane Kiggundu, and Percy Night Tuhaise.

Reading from the statement, the witness quoted part of Kirya's statement:  "Apparently Sheikh Kamoga said to the youth and us in the mosques that we deserve to die. The statements were also issued through sermons by Sheikh Ramathan Mwanje, Murta Bukenya, Siraje Kawooya and Hamid Mbaziira; while others could come through Kamoga's friends. We reported the threats of Kamoga to the Central Police Station in Kampala."

In the recorded statement Kirya linked Kamoga's threats against then to the struggle for power.   

 "I got a strange SMS on a cell phone Number 0782 344324 promising to kill me. The text was in Luganda language and I showed it to Hajji Najib Ssonko and my sister before I showed it to a senior police officer one Geoffrey Musana, who advised me to record a statement and the matter, would be investigated," Kirya's statement read before court said.

Odong, 36, also told the court that he was instructed to record Kirya's statement by Senior Superintendent of Police Julius Ogweng.

"Following the instructions, I proceeded to forensic laboratory at Naguru, SSP Ogweng brought in a gentleman whom I later knew as Sheikh Kirya and Interviewed him and after I wrote down his statement. I gave it to him to read through and he confirmed that what I had recorded was what he had narrated to me. He signed on it and I countersigned it and I handed it to SSP Ogweng since he was overseeing the investigations of the murder of Sheikh Mustafa Bahiga," the witness said.

Odong further informed court that both SSP Ogweng and Sheikh Kirya are now dead.

At this juncture Anguzu applied to tender in the statement to be part of the prosecution evidence on record.

But defence lawyers Friday Roberts Kagoro and MacDosman Kabega strongly objected to the tendering in of the statement as prosecution evidence, saying that it could only be admitted in evidence for identification purposes only.

They argued that Sheikh Kirya is dead and the witness is not the maker of it, for which reason it renders it inadmissible.

However, in reply Anguzu told court that the Evidence Act allows statements of the deceased and other witnesses that cannot be retrieved admissible on evidence if they are relevant in a case.     

There was brief adjournment of the hearing as the judges considered the matter.  Upon resumption, the court ruled; "This court has carefully considered the arguments from both sides and it has come to the conclusion that the person who recorded the statement is competent to tender it in court as evidence. The defence has a chance to cross-examine the witness."

During cross-examination by defence lawyer Kabega, the witness confirmed that he never saw the threatening SMS Sheikh Kirya referred that was sent to him. He also said he never carried out investigations to know who owned that cell phone number.

Hearing of case was adjourned to January 18, 2017.

 The 14 suspects are on trial for alleged terrorism, murder and attempted murder.

They are accused of attempting to murder or attacking Prince Kassim Nakibinge, Sheikh Mohamoud  Kibaate, Hajji Najib Ssonko and Dr Haruna Jjemba.

The suspects are on trial for murder of Sheikh Mustafa Bahiga and Sheikh Kirya.

Hearing of the case was adjourned to today when three more witnesses are expected to testify.

The accused:  Sheikh Siraje Kawooya, Sheikh Muhammad Kamoga, Sheikh Murta Mudde Bukenya, Sheikh Fahad Kalungi, Amir Kinene, Hakim Kinene Muswaswa, Yusuf Kakande, Sheikh Abdul Salam Ssekayanja, AbdulHamid Mubiru Ssematimba, Hamza Kasirye, Twaha Ssekitto, Rashid Jjingo, Musa Isa Mubiru and George William Yiga.

Prosecutor: Lino Anguzu, Thomas Jatiko, Rachael Bikhole and Marion

Ben-Bella.

Defense laywers: MacDosman Kabega, Fred Muwema, Roberts Kagoro, Twaha Mayanja, Allen Kagoya and Sylvia Namawejje.