High Court Judge Murangira was faulted for failing to evaluate evidence on record
Desh Kananura (C) shares a light moment with friends shortly after he was acquitted of murder at the High Court in Kampala on April 28th. Photo by Shamim Saad
The troubles of city businessman Andrew Kananura alias Desh, who was recently acquitted alongside four others over the murder of his employee are not yet over.
The Director of Public Prosecution (DPP) has lodged an appeal dated May 5th, against the acquitted persons, seeking revision of the proceedings at the High Court’s criminal division.
"The office of the DPP is dissatisfied with the High Court judgment where it acquitted the accused," part of the notice of appeal reads.
DPP faults High Court Judge Murangira of failing to evaluate evidence on record and hence made a wrong decision.
About a fortnight ago, Desh was acquitted alongside his brother Raymond Kananura, Cyrus Maganda, Samuel Muzolewo and Jacob Onyango after in his verdict, Murangira ruled that prosecution failed to prove that the accused participated in the murder of his employee.
"Prosecution failed to prove the participation of each of the accused in the murder of the deceased. I therefore acquit them," he ruled.
Court records indicate that Kateregga was tortured to death after he was found with a sh30,000 tip at Panamera Bar & Lounge located in Naguru. The bar belongs to Desh Kananura.
Kateregga was allegedly battered together with one Kenneth Kirenzi, prompting Kirenzi to open an assault case against Kananura at Kireka Police Station but he was never produced in court as a witness.
The Judge observed that some of the witnesses exonerated the accused of the offence, when they stated that on that fateful night of September 30, 2012 they were out of the bar, which evidence was never challenged by prosecution.
He noted that 12 Police officers who guarded the bar left the disputed premises at 6:30am when the situation was normal, leaving him to wonder whether the offence was committed that very night.
The Judge ruled that Kateregga’s death was unlawful but it was not caused with malice aforethought but it remained unclear whether his death was accidental.
Murangira noted that witness Emmanuel Taika, 30, who testified that he saw the accused clobber Kateregga could have relied on Kirenzi's information, which he said was riddled with contradictions.
Murangira observed that Taika stated that Kananura instructed his private guards to pull Kateregga from the bar and on the other hand said it is Kananura who physically searched him and found money in his pocket.
Taika, an ex-employee of the bar also testified that the accused beat Kateregga using a wooden handle of a scrubbing brush, plastic water pipe and baton for over an hour.
He said Kateregga, Kirenzi and Allan Ovoyo were later taken behind the kitchen, where the beating intensified.
But in his testimony, Raymond Kananura disclosed that sh300,000 was found in the pants of late Kateregga, while bank statements reflected that sh1.6m and sh1.4m was found with Kirenzi.
Efforts to get a comment from Kananura were futile as the various calls made to him went unanswered.