National
Defence wants Nsenga's widow acquitted
Publish Date: Jul 24, 2014
Defence wants Nsenga's widow acquitted
Jacqueline Uwera is on trial, accused of murdering her husband Juvenal Nsenga.
  • mail
  • img
newvision

By Michael Odeng & Edward Anyoli

KAMPALA - Defence lawyers have asked the High Court to acquit Kampala businesswoman Jacqueline Uwera,  accused of killing her husband, Juvenal Nsenga, of charges of murder.

In his final submissions on Thursday, lawyer Alan Sseruliika told court presided over by Duncan Gaswaga that prosecution had failed to prove that there was intention to kill since no witness brought forth that evidence.

“Prosecution witness four, five and six who include Joseph Kananura, Moses Kananura [the deceased brother] and Saad Ndayiza clearly stated that they had no knowledge that the accused had such intentions,” he said in a fully packed court.  

He said there was no evidence of malice aforethought by the accused or knowledge of the same, and hence the death of Juvenal Nsenga was not murder as alleged by the prosecution side.

“In cases of homicide, the intention and knowledge of the person at the time of committing the offence is rarely proved by direct evidence,” he added.  

“This accident killing is called a killing by misadventure or misfortune without culpable negligence. It is excusable and is subject to no punishment or forfeiture. It is my prayer that the accused is acquitted of the charges and neither is she guilty of manslaughter,” he defended.
 


Lawyer Allan Sseruliika talks to Jacqueline Uwera during her trial. PHOTO/Kennedy Oryema


Justice Duncan Gaswaga, deputy CID Director Godfrey Musana and State Prosecutor Suzan Okalany overseeing a demonstration of the vehicle which Jacqueline Uwera Nsenga on the fateful night. PHOTO/Peter Busomoke

Sseruliika said that malice aforethought is established if the accused had the intention to cause death of any person and knowledge that the act or omission will probably cause death of someone.

He said the deceased’s last words ‘my wife has killed me in my own home or compound’ was a dying declaration and that malice aforethought can be inferred from that. 

The defence lawyer went on to say that prosecution had intended to call more than 20 witnesses but 13 turned up, but medical personnel from Paragon Hospital who received the deceased and were present throughout until he died were not summoned to testify.

The statements, comments, or opinions expressed through the use of New Vision Online are those of their respective authors, who are solely responsible for them, and do not necessarily represent the views held by the staff and management of New Vision Online.

New Vision Online reserves the right to moderate, publish or delete a post without warning or consultation with the author.Find out why we moderate comments. For any questions please contact digital@newvision.co.ug

  • mail
  • img
blog comments powered by Disqus
Also In This Section
Police arrests five over Kampala bank robbery
Police in Kampala have arrested five people in connection with the robbery of a bank, one month after a countrywide hunt by the Police Flying Squad....
Gov’t needs sh2.2trillion for HIV/Aids control by 2016
Government needs about sh2.2trillion for HIV/Aids response by the year 2016, money that is required to procure antiretroviral (ARV) drugs, HIV test kits and other related supplies....
Health commission to replace dead, retired health workers
The Health Service Commission says it is set to replace over 800 health workers who have reached the retirement age of 60 and those who have died....
‘With honest people, Uganda can be richest nation’
Retired Archbishop of the CoU, Henry Luke Orombi says Uganda can be the wealthiest nation on the planet if citizens are honest....
Museveni respects my advice, says AG
The Attorney General, Peter Nyombi, has said President Yoweri Museveni is “satisfied” with his “controversial” legal opinions...
MPs condemn KCCA staff
MPs condemn the “brutality” meted on suspects by Kampala Capital City Authority (KCCA) law enforcers....
Do you agree with the ban on the export of maids?
Yes
No
Can't Say
follow us
subscribe to our news letter