Draru gets 14-year jail sentence
Sep 01, 2011
THE High Court in Kampala on Thursday convicted Lydia Draru for manslaughter and sentenced her to 14 years in prison for killing former army commander Maj. Gen. James Kazini.
By Andante Okanya
THE High Court in Kampala on Thursday convicted Lydia Draru for manslaughter and sentenced her to 14 years in prison for killing former army commander Maj. Gen. James Kazini.
Justice Monica Mugenyi acquitted Draru of the charge of murder, and instead found her guilty of the lesser charge of manslaughter. The maximum sentence for manslaughter is life imprisonment.
The judge agreed with Draru and her lawyers Annet Mutabingwa and Musa Sembajja, who maintained throughout the trial that she did not intend to kill Kazini but acted in self-defence. Draru repeatedly hit Kazini with an iron bar.
“I do therefore accept the defence position that the deceased threatened to get his gun and kill the accused and she purported to respond to this threat in self-defence,†the judge said.
She added: “Indeed, throughout this trial the accused did not retract her initial admission of guilt. Such conduct is not commensurate with the ingredient of malice aforethought inherent in an indictment of murder.â€
Prosecution alleged that Draru committed the offence on November 10, 2009 at Namuwongo Project Zone, Wabigalo in Makindye Division, Kampala.
When asked to speak, Draru expressed remorse for her actions, and asked for forgiveness, saying she had learnt a tough lesson.
“I pray that court has mercy on me. I beg the government, court, and the family of the deceased to forgive me,†pleaded Draru, as she broke down and sobbed.
Draru was a girlfriend to the former army commander, and has since admitted having killed him. She has been on remand for close to two years.
In their joint opinion, the two court assessors Stella Nyanzi and Ben Muhwezi, asked court to convict Draru for murder. They submitted that Kazini’s horrendous wounds showed Draru’s intent to murder him.
“Had there been no firearm in the vicinity of the scene of crime, it would have been quite reasonable to disallow any claims of self defence,†explained the judge.
Justice Mugenyi explained that the presence of Kazini’s loaded gun, lends credence to Draru’s claims of acting in self-defence, after he repeatedly slapped and punched her.
The judge disregarded prosecution’s evidence, saying it did not convince court on how Kazini got the gruesome injuries that he incurred.
Mugenyi said court cannot guess how Kazini incurred the injuries recorded in the post mortem report. She said it is prosecution’s duty to prove this beyond reasonable doubt.
“In my view, this duty was not sufficiently discharged. It is trite law in criminal trials such as the present one, that any doubts in the mind of the trial judge should be resolved in favour of an accused person,†judge said
She further added: “Accordingly, I would resolve the doubts that linger on the manner in which the 'murder' weapon was used in favour of the accused.
Kakooza asked court to pass a heavy sentence on Draru, saying it would act as a deterrent on the perpetrators of the phenomenon of domestic violence.
Mutabingwa asked for a lighter sentence, saying Draru had reformed during her time on remand, and would be ready for reintegration into society.
THE High Court in Kampala on Thursday convicted Lydia Draru for manslaughter and sentenced her to 14 years in prison for killing former army commander Maj. Gen. James Kazini.
Justice Monica Mugenyi acquitted Draru of the charge of murder, and instead found her guilty of the lesser charge of manslaughter. The maximum sentence for manslaughter is life imprisonment.
The judge agreed with Draru and her lawyers Annet Mutabingwa and Musa Sembajja, who maintained throughout the trial that she did not intend to kill Kazini but acted in self-defence. Draru repeatedly hit Kazini with an iron bar.
“I do therefore accept the defence position that the deceased threatened to get his gun and kill the accused and she purported to respond to this threat in self-defence,†the judge said.
She added: “Indeed, throughout this trial the accused did not retract her initial admission of guilt. Such conduct is not commensurate with the ingredient of malice aforethought inherent in an indictment of murder.â€
Prosecution alleged that Draru committed the offence on November 10, 2009 at Namuwongo Project Zone, Wabigalo in Makindye Division, Kampala.
When asked to speak, Draru expressed remorse for her actions, and asked for forgiveness, saying she had learnt a tough lesson.
“I pray that court has mercy on me. I beg the government, court, and the family of the deceased to forgive me,†pleaded Draru, as she broke down and sobbed.
Draru was a girlfriend to the former army commander, and has since admitted having killed him. She has been on remand for close to two years.
In their joint opinion, the two court assessors Stella Nyanzi and Ben Muhwezi, asked court to convict Draru for murder. They submitted that Kazini’s horrendous wounds showed Draru’s intent to murder him.
“Had there been no firearm in the vicinity of the scene of crime, it would have been quite reasonable to disallow any claims of self defence,†explained the judge.
Justice Mugenyi explained that the presence of Kazini’s loaded gun, lends credence to Draru’s claims of acting in self-defence, after he repeatedly slapped and punched her.
The judge disregarded prosecution’s evidence, saying it did not convince court on how Kazini got the gruesome injuries that he incurred.
Mugenyi said court cannot guess how Kazini incurred the injuries recorded in the post mortem report. She said it is prosecution’s duty to prove this beyond reasonable doubt.
“In my view, this duty was not sufficiently discharged. It is trite law in criminal trials such as the present one, that any doubts in the mind of the trial judge should be resolved in favour of an accused person,†judge said
She further added: “Accordingly, I would resolve the doubts that linger on the manner in which the 'murder' weapon was used in favour of the accused.
Kakooza asked court to pass a heavy sentence on Draru, saying it would act as a deterrent on the perpetrators of the phenomenon of domestic violence.
Mutabingwa asked for a lighter sentence, saying Draru had reformed during her time on remand, and would be ready for reintegration into society.