Three convicted over boda-boda theft

KAMPALA-The High Court in Kampala has convicted three people for stealing a bodaboda worth sh4.2m.

On Wednesday the high court judge, Wilson Kwesiga convicted Joweria Kaweesa, Racheal Orishaba and Joseph Luswata, stating that prosecution has proved the three stole the motorcycles from David Ssengoba.

"I have found Kaweesa, Orishaba and Luswata guilty as charged and I do convict them accordingly, "he ruled.

However, the judge acquitted Tonny Mubiru, who was charged alongside the convicts stating that the evidence against him left reasonable doubt in his participation.

"I have examined the evidence against Mubiru and his defence, I have found and incurable omission in prosecution," he stated.

In his defence, Mubiru stated that he is a mechanic, who repairs, among others, motorcycles and was arrested by Police because he was in possession of a motorcycle he had been riding that got an accident.

"Prosecution had a duty to produce evidence showing this was the victim's motorcycle," the judge said.

He further ruled that prosecution failed to prove Mubiru was guilty of the crime by presumption of doctrine of recent possession.

In his ruling, the judge observed that Kaweesi does not in her confession appear to prove beyond reasonable doubt the role of Mubiru.

The judge said prosecution produced incriminatory evidence against the convicts.

He noted the convicts were with Luswata in his car, registration number UAQ 400Q moving around looking for motorcycles to steal until Luswata saw motorcycle Reg. No UEJ 262W Bajaj boxer and deployed Orishaba to hire it from Bunga in Makindye, where they stole it.

The judge also found the confession of Kaweesi to be true. The judge said he could be part of the criminal gang terorising people in the city but the state did not properly investigate and present evidence that convicts him.

The accused are facing charges of aggravated robbery, contrary to section 285 and 286 of the Penal Code Act (PCA).

Prosecution says the convicts and others still at large on February 14, 2016 at Bunga, Makindye division in Kampala district robbed Ssengoba of the motorcycle. It is alleged that they also duped their victim into eating food laced with chloroform