State presents last witnesses in Magara murder case

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The prosecution team on Wednesday presented its last witnesses in a case in which nine people are accused of kidnapping and murdering Susan Magara, the daughter of businessman John Magara.

Magara, 28, was brutally killed in February 2018 by ransom seekers.

Chief state attorneys Joseph Kyomuhendo, Sherifah Nalwanga and Irene Nakimbugwe closed their case after leading 43 witnesses in court. 

High Court Judge Alex Mackay Ajiji is presiding over the trial. 

Both the prosecution and defence lawyers are now required to file their respective written submissions on why the court should put the accused persons on defence or not in light of the evidence adduced in court.

Under criminal procedure, if the court finds that the accused have a case to answer, they are ordered to defend themselves. If they have no case to answer, they are discharged.

Magara was kidnapped on February 7, 2018, along Kabaka Anjagala Road in Mengo, a Kampala suburb as she drove back to her home about three kilometres away.  

Her kidnappers then contacted her family and demanded $1m (about sh3.65b) as ransom.

Despite the family having delivered $200,000 (about sh700m) to the kidnappers, Magara was found murdered three weeks later.

Her body was recovered from Kigo in Wakiso district on February 27, 2018.

The accused are Hajarah Nakandi, Hassan Kato Miiro, Hussein Wasswa, Mahad Kisalita, Abbas Musa Buvumbo, Yusuf Lubega, Abubaker Kyewolwa, Ismail Bukenya and Muzamir Ssali.

Police surgeon testifies

On Wednesday, Dr Emmanuel Nuwamanya, the Deputy Police Director of Health Services, testified as the 41st prosecution witness in the matter.

He said he examined the accused persons on May 10, 2018, and all of them were of normal mental state based on behaviour, speech and recognition.  

He also observed injuries on Nakandi, Kyewolwa, Miiro and Buvumbo.

Nuwamanya said Nakandi had dry bruises on the shoulders and the back measuring 12 centimetres in length and 8 centimeters in width.

She also had recent scars on one of her thighs measuring 6 centimetres and, on the buttocks, measuring 20 by 16 centimetres.

He said the injuries on Nakandi were due to blunt trauma she had received about three weeks prior.

In regard to Kyewolwa, the Police surgeon said he had scars on the back measuring 12 by 3 centimetres, adding that the cause was trauma dating three weeks back at the time of examination.

Miiro had a scar on the left shoulder measuring 1 by 0.4 centimetres and an abrasion scar on the left shoulder and the cause was blunt injury.

Buvumbo had scars over both wrists and the back measuring 6 by 4 centimetres caused by blunt trauma of about four to five weeks prior.

Nuwamanya was cross-examined by defence lawyers John Kabagambe, Richard Kumbuga, Peter Wanda and Zaina Nabukenya on whether he established that the accused persons had internal injuries.

The Police surgeon responded that he carried out a systematic examination of each part of their bodies and if the findings revealed internal injuries he would point out further examination.

Asked whether he recorded his observation on internal injuries, Nuwamanya said the form on which he examines the accused is structured.

He was also asked how he established the respective ages of the accused persons. 

Nuwamanya said he determined them by conducting a physical examination, looking at their dental formula, secondary sexual features and their general body appearances and development.

At the time he examined them, Nuwamanya said Lubega was aged 33 years, Wasswa 22, Ssali 27, Nakandi 35, Kyewolwa 30, Kisalita 23, Kato-Miiro 22, Bukenya 34 and Buvumbo 28.

Asked whether he examined Nakandi’s private parts, he said yes but never included findings for professional reasons. 

Witness number 42

Moreen Asiimwe, a client relations officer at telecom firm MTN-Uganda, testified as the 42nd prosecution witness.

She confirmed that the call data records which have since been tendered in court as part of the prosecution evidence in regard to the accused persons' MTN telephone numbers, was authored by them (MTN) after receiving court orders to that effect from the Police.

Asiimwe said her role is to support government investigating bodies such as the Police, Chieftaincy of Military Intelligence (CMI) and State House Anti-Corruption Unit to access subscriber details when requested.

“When they bring the court order, I take them to the security manager to verify them and if found genuine, then the officers are guided to make the necessary payments and after making the payments, I go ahead and print the information and give it to them,” said Asiimwe in court.

Asked by the judge to tell court the subscriber details of the respective telephone numbers whose call data was released by her, Asiimwe said she did not know them.

It is at this point that chief state attorney, Kyomuhendo, said she was not privy to it but already on court record.

Questioned by defence lawyers whether they audio-record subscribers’ conversations, Asiimwe said yes but that they do not release them except in exceptional circumstances. 

Final witness

Francis Kabeera, a security manager at telecom firm Airtel-Uganda, was the last prosecution witness in the matter.

He confirmed having released the call data in regard to the accused persons’ Airtel numbers after the Police served them with a court order as required under the law.

The matter resumes on February 17.