UPDF soldier freed after 8 years in jail on murder charge

After spending eight years in Kigo Prison accused of murder, a UPDF soldier was on August 8, allowed to walk out of prison a free man after the General Court Martial found him not guilty of the capital offence.

The court observed that prosecution has failed to prove its case and ordered the release of Paul Mwesigwa, who after being acquitted termed the ruling a big relief.

Mwesigwa, 45, was acquitted on premise that he had no case to answer regarding the murder charge.

"We have evaluated the evidence against the accused and considered the ingredients of the charge. We find that prosecution did not prove to a reasonable degree that the accused participated in the murder of the deceased," Lt. Gen Andrew Gutti said.

The court chaired by Gutti and Lt Col Gideon Kattinda said the evidence adduced by prosecution could not warrant the accused to defend himself.

Mwesigwa had been accused of shooting dead Margaret Mbabazi on 6 March, 2010 at Butebe trading centre, in Kabarole district.

"We find that a prima facie has not been made out to require the accused to defend himself. We accordingly acquit the accused and set him free unless held on some other lawful charges," Gutti said.

During the trial, defence lawyer argued that the case was fabricated against his client adding that the evidence presented by prosecution witnesses was based on hearsay which the court should not rely on.

"We also find, like counsel observed, that there was nothing of evidential value recovered during the search at the accused's residence. We accordingly find that Isiko Jamada's evidence did not to any reasonable degree prove the accused's participation in the commission of the crime," Gutti said.

Mwesigwa said he had nowhere to start since he had no money for him to travel home.

He managed to collect sh40,000 to transport him to his home in Fort Portal, Kabarole district.