By Michael Odeng
Adam Kalungi has been acquitted of the murder of the late Butaleja woman MP, Cerinah Nebanda.
Justice Lameck Mukasa Friday afternoon set Kalungi free on grounds that he did not commit any breach of duty and acted prudently to save Nebanda’s life.
The High court judge quashed Kalungi’s conviction and set aside his sentence.
“Kalungi did not have a medical certificate but acted professionally to try and save Nebanda’s life right from home to the hospital,” Mukasa stated.
Kalungi hugs a relative following his acquittal
Kalungi, through M/S Ochieng, Harimwomugasho and Co-Advocates filed a memorandum of appeal on May 14, 2014 challenging the Makindye magistrate’s court judgment.
Kalungi was seeking a court order to have his conviction and sentence of manslaughter quashed, saying prosecution erred in law and facts when it failed to evaluate the evidence and properly construe the law in respect to manslaughter.
“Failure to do this made the magistrate arrive at the wrong conclusion in finding the appellant guilty of manslaughter by omission which caused a miscarriage of justice,” he said.
He also wants court to sentence him to a caution if it fails to acquit him, saying his punishment was harsh.
On February 7, 2014 Kalungi was sentenced to four years in prison for negligently causing the death of Nebanda while his co-convict, Omar, was sentenced to one year over possession of drugs by chief magistrate Esta Nambayo.
Court also noted that Kalungi failed to take Nebanda in the hospital in time.
Prosecution states that the convict in December 2012 unlawfully caused the death of MP Nebanda in Buziga, Makindye Division in Kampala.
He was charged alongside Noor Abubakar, Khan Babu, Abdul Abid Rashid Butt and Fatuma Babu who were later acquitted.