THE Director of Public Prosecutions (DPP) on Monday asked the Court of Appeal to quash the acquittal of city tycoon, Godfrey Kato-Kajubi. The DPP asked the court to put Kajubi on his defence or order a retrial of his case before another judge.
The request was made by state attorneys Jane Okuo-Kajuga and Andrew Oditt, who represented the DPP.Justices Amos Twinomujuni, Stephen Kavuma and Augustine Nshimye presided over the court.
They said they would give their verdict on a date to be announced. The High Court recently acquitted Kajubi of orchestrating the ritual murder of 12-year-old Joseph Kasirye.
Kajubi was initially indicted with witchdoctor Umaru Kateregga and his wife, Mariam Nabukeera, but the two were turned into state witnesses. The court, which sat in Masaka in April, ruled that evidence against Kajubi was unreliable and contradictory and that no reasonable tribunal could convict him basing on it.
The court added that because Kateregga and Nabukeera participated in the murder, they were capable of lying to secure their release. According to Kateregga, the boy was killed on October 27, 2008, in his house at Kayugi village, Mukungwe sub-county in Masaka district.
The attorneys said the trial failed to consider all the evidence, adding that Kajubi should have been put on his defence to explain why he had been implicated in the murder. They also asked the court to consider the mobile telephone printouts that indicated constant communication between Kateregga and Kajubi until the boy was murdered.
The attorneys also asked the court to consider the disappearance of Kajubi after the incident, saying it was a not what an innocent person would have done. However, Kajubiâ€™s lawyer Dosman Kabega asked the court to dismiss the appeal, saying the trial court had no alternative but to acquit his client because the prosecution evidence was not credible.
DPP wants Kajubi retried