Elderly man freed after six years on remand as murder case collapses

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After spending more than six years on remand for murder, a 75-year-old man finally walked free on Monday, August 25, 2025, when the High Court in Lira dismissed his case for lack of prosecution.

Tom Awira, arrested in December 2018, had been accused alongside his sons of killing a relative, allegedly responsible for the death of his own son. But when the matter came before Justice Sarah Birungi Kalibaala, the State admitted it could not proceed.

State attorney Anthony Obonyo Jabwor informed court that the key witness in the case, the widow and complainant Joan Nantumbwe, had lost interest. “She is not willing to testify,” he said, requesting a short adjournment.

Justice Kalibaala questioned how an elected leader such as Nantumbwe, who is a local council III councillor, could fail to appreciate the law and the rights of the accused.

Defence lawyer Hope Abeja urged court to dismiss the case outright, explaining that Nantumbwe was not only a councillor but also the daughter-in-law of the accused.



“She forgave him long ago. Additional statements were made on January 4, 2022, confirming her position. We pray that this case be dismissed for want of prosecution,” Abeja said.

In her ruling, Justice Kalibaala observed that Awira had spent six years and four months on remand without a single witness ever taking the stand. “You have the right to be presumed innocent until proven guilty,” she said, before dismissing the case. The judge, however, noted that prosecution retains the right to reinstate the matter if witnesses become available.

Case background

According to the prosecution, the saga dated back to the night of May 20, 2018, in Ayolo village, Dokolo subcounty.

That evening, L/Cpl Moses Komakech Omara Ogwal allegedly fought with Bonny Sande Aluku, a son of Awira. Aluku sustained serious injuries and cried for help by the roadside. Komakech also suffered injuries, losing two teeth, and later sought assistance from a local council leader.

Aluku died from his injuries later that day.

On learning of his son’s death, the next morning, Awira, together with his other sons, Isaac Okello Okeng and Issa Samuel Ogwang, allegedly attacked Komakech. Witnesses reported that the group beat him with sticks, declaring, “Death is paid by death.”

Despite pleas from Komakech’s wife and local leaders, the assault continued until Komakech was left unconscious. He later died from extensive head injuries caused by blunt force trauma, according to a post-mortem conducted at Dokolo Health Centre IV.

Awira was arrested and charged with murder, but with key witnesses unwilling to testify, the case collapsed after years in limbo.

A long wait for freedom

Justice Kalibaala’s decision finally brought closure for Awira, who had spent six years and four months in prison without trial.

With the dismissal, the frail 75-year-old left the dock a free man, though the memory of the violent events that claimed two lives in his family still lingers in Dokolo.