News
Court drops terrorism charge against Kagezi murder suspects
The terrorism charge was dismissed against John Kibuuka alias Musa, John Massajjage alias Brian Mubiru, and Nasur Abdallah Mugonole, on grounds that the prosecution failed to prove the legal ingredients required to sustain the offence.
State prosecutor Joan Kagezi was killed on March 30, 2015. (File photo)
By: Barbra Kabahumuza and Michael Odeng, Journalists @New Vision
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The International Crimes Division of the High Court has dropped the terrorism charge against three men accused of murdering state prosecutor Joan Kagezi, while ruling that they have a case to answer on the murder offence.
The terrorism charge was dismissed against John Kibuuka alias Musa, John Massajjage alias Brian Mubiru, and Nasur Abdallah Mugonole, on grounds that the prosecution failed to prove the legal ingredients required to sustain the offence.
A panel of justices comprising Andrew Bashaija, Duncan Gaswaga, Richard Wejuli Wabwire, and Joyce Kavuma ruled that the prosecution has presented sufficient evidence requiring the accused to defend themselves against the murder charge.
The court subsequently directed the three accused persons to defend themselves as the trial proceeds.
A panel of justices comprising Andrew Bashaija, Duncan Gaswaga, Richard Wejuli Wabwire, and Joyce Kavuma ruled that the prosecution has presented sufficient evidence requiring the accused to defend themselves against the murder charge.
The court subsequently directed the three accused persons to defend themselves as the trial proceeds.
In a ruling delivered on Friday (July 3), the court found that the prosecution had established a prima facie case against the accused persons on the murder charge.
The prosecution alleges that Kagezi was intentionally killed on March 30, 2015 to intimidate the public or influence the Government for political, religious, social or economic purposes.
The court, however, held that the evidence presented showed the accused persons allegedly acted as contract killers motivated by financial gain after being promised $200,000 (sh729m) by an unidentified mastermind.
“The prosecution presented sufficient evidence which if left unanswered, could lead to a conviction,” Justice Bashaija said.
The court relied on evidence from 26 prosecution witnesses. Among the key witnesses was Daniel Kisekka Kiwanuka, a former co-accused who was earlier convicted after entering a plea bargain and later testified as a prosecution witness.
Kisekka told the court that Kibuuka was the gunman who fired the fatal shots that killed Kagezi, while he and Nasur Mugonole acted as armed backup during the attack.
The prosecution also relied on forensic telecommunications evidence which placed mobile phone numbers linked to Kibuuka and Massajjage within the Kiwatule area between 7:10 pm and 7:23 pm, the period during which Kagezi was assassinated.
The court further noted evidence from several witnesses who testified that Massajjage allegedly admitted involvement in the killing and complained that part of the promised payment had not been made.
Additional evidence showed that shortly after the murder, the suspects allegedly paid a traditional healer sh200,000 for cleansing rituals to evade arrest. The prosecution also presented evidence that Massajjage allegedly went into hiding, changed his name and altered his occupation in an attempt to conceal his identity.
According to the court, the manner in which the attack was executed demonstrated malice aforethought. It cited evidence that the attackers tracked Kagezi’s movements before shooting her at close range in front of her children using submachine guns before firing into the air as they fled.
Agasirwe, Minana’s also in the dock
Agasirwe was arrested on May 21 last year after 43-year-old Kisekka told the court that a senior government official named “Nixon” allegedly financed Kagezi’s murder.
Meanwhile, Minaana, who was arrested in 2017 over the Kagezi murder and later released, was re-arrested on June 24 last year by Criminal Investigations Directorate detectives at his home in Galilaya, Kayunga district.
At the time of Kagezi’s killing, Minaana, who joined the Police in an unstructured setting in 2007, was a field operative with the Flying Squad and worked closely with Agasirwe.
Investigators also discovered that Minaana operated a garage about 600 metres from the crime scene, which sources allege may have served as a surveillance or planning point.
Earlier investigations conducted jointly by the then Chieftaincy of Military Intelligence, now known as Defence Intelligence and Security, the United States Federal Bureau of Investigation, and the United Kingdom’s Scotland Yard flagged the suspicious presence of several known police operatives at the scene on the night Kagezi was killed.
The prosecution alleges that Kagezi was intentionally killed on March 30, 2015 to intimidate the public or influence the Government for political, religious, social or economic purposes.
The court, however, held that the evidence presented showed the accused persons allegedly acted as contract killers motivated by financial gain after being promised $200,000 (sh729m) by an unidentified mastermind.
“The prosecution presented sufficient evidence which if left unanswered, could lead to a conviction,” Justice Bashaija said.
The court relied on evidence from 26 prosecution witnesses. Among the key witnesses was Daniel Kisekka Kiwanuka, a former co-accused who was earlier convicted after entering a plea bargain and later testified as a prosecution witness.
Kisekka told the court that Kibuuka was the gunman who fired the fatal shots that killed Kagezi, while he and Nasur Mugonole acted as armed backup during the attack.
The prosecution also relied on forensic telecommunications evidence which placed mobile phone numbers linked to Kibuuka and Massajjage within the Kiwatule area between 7:10 pm and 7:23 pm, the period during which Kagezi was assassinated.
The court further noted evidence from several witnesses who testified that Massajjage allegedly admitted involvement in the killing and complained that part of the promised payment had not been made.
Additional evidence showed that shortly after the murder, the suspects allegedly paid a traditional healer sh200,000 for cleansing rituals to evade arrest. The prosecution also presented evidence that Massajjage allegedly went into hiding, changed his name and altered his occupation in an attempt to conceal his identity.
According to the court, the manner in which the attack was executed demonstrated malice aforethought. It cited evidence that the attackers tracked Kagezi’s movements before shooting her at close range in front of her children using submachine guns before firing into the air as they fled.
Agasirwe, Minana’s also in the dock
Agasirwe was arrested on May 21 last year after 43-year-old Kisekka told the court that a senior government official named “Nixon” allegedly financed Kagezi’s murder.
Meanwhile, Minaana, who was arrested in 2017 over the Kagezi murder and later released, was re-arrested on June 24 last year by Criminal Investigations Directorate detectives at his home in Galilaya, Kayunga district.
At the time of Kagezi’s killing, Minaana, who joined the Police in an unstructured setting in 2007, was a field operative with the Flying Squad and worked closely with Agasirwe.
Investigators also discovered that Minaana operated a garage about 600 metres from the crime scene, which sources allege may have served as a surveillance or planning point.
Earlier investigations conducted jointly by the then Chieftaincy of Military Intelligence, now known as Defence Intelligence and Security, the United States Federal Bureau of Investigation, and the United Kingdom’s Scotland Yard flagged the suspicious presence of several known police operatives at the scene on the night Kagezi was killed.