How katutsi handled Katuramu case

Excerpts from the judgment of Justice John Bosco Katutsi on September 11 in which six people were charged with the murder of Prince Charles Happy Kijanangoma and Stephen Kaganda on March 25, 1999.The scene of the crime was in Palace View Bar in Fort Portal, Kabarole, reports Chibita wa Duallo In the case of murder, prosecution must prove the following essential ingredients of the offence: (1)that the alleged victims are dead, (2)that they died as a result of an unlawful act, (3)that the unlawful act was committed or participated in by the accused or any of them, and (4)that the unlawful act was accompanied by malice aforethought. In criminal cases the onus of proving everything essential against the accused lies upon the prosecution. It is not in dispute that the prince and the night watchman are dead. The evidence of Dr. Wabwire puts this issue to rest. Indeed they are dead and buried. What is in dispute is who actually perpetrated the ghastly act. Prosecution contends that Alex Twinomugisha is the man who actually touched the trigger. He swears that on the contrary when the murders were committed he was on a business trip to Nairobi. He gave evidence on oath, so it is an oath against an oath. Felly Babara was at the material time operating Palace View Bar. She swore that on March 24, 1999 the accused went to her pub. He ordered for a drink but appeared to be restless. The following evening he came back to the bar when there was a general blackout. The accused shared a table with the deceased prince. He ordered for a drink and offered her a soda. As the drinks were being served, a man came in the bar and tapped the accused on the thigh. The accused went out with the man only to return a short while later to spray bullets in the prince’s direction. She herself was hit but never realised it. Much later, she identified the accused at an identification parade in Kampala. I examined the demeanour of the witness while in the witness box. She was subjected to rigorous cross-examination but came out unscathed. I found her to be a truthful witness. I accept her evidence that the accused offered her a soda and engaged her in some talk. With her pseudo-American accent, the accused must have found her an entertaining companion. Under such circumstances, she had all the opportunity to recognise the accused. The accused denied making a charge and caution statement. I held a trial within a trial and found that he did make one, which amounted to a confession. The question I have to ask myself now is: is the confession true? The statement is long and detailed. It states that the assassins booked into Hotel Continental which is opposite Voice of Toro and that he offered a waitress a drink. This waitress must be Felly. The accused also put forward an alibi as an answer to the offences charged. His Counsel sought to tender an alleged travel permit. An Immigration Officer from Busia was called. He stated in no uncertain terms that the signature was not his nor of any other officer stationed at Busia at the time. He pointed out other important anomalies in the exhibit. An attempt to fabricate evidence of alibi is strong evidence against the accused. I have no scintilla of doubt in my mind that prosecution has proved their case against this accused beyond a reasonable doubt, and in this I am in complete agreement with the assessors. I find the accused guilty on both counts and convict him as charged. I now turn to John Katuramu. Prosecution contends that he was the brain behind the murder. In the process of killing the prince, an innocent poor night watchman was eliminated, most probably to destroy evidence. There is no direct evidence against this accused. The evidence against him is wholly circumstantial. Ernest Nkoba appeared as a state witness. He testified that at all material times he was the acting General Manager of VOT, a position he was put in by the accused. On the fateful night, there was a blackout. He heard gunshots. The following accused instructed him to raise sh300,000 for some visitors. He was also instructed to tell the driver to take the visitors to his farm. The visitors were two men, one of whom was addressed as Silver. He did as instructed and later that day the accused went to his office and asked to use it. The driver who had taken the visitors to the farm returned in the evening. He reported that he had been forced to take the visitors to Kampala. The motor vehicle in question was 725 UBC. It was parked behind VOT offices and later driven to Kampala and he has never seen it again. On a Sunday preceding the murder, Patrick Kwezi, whom he knew as the accused’s nephew went to his office, talked on the phone and passed him the receiver to talk to the accused. The accused asked him to avail Kwezi with motor vehicle no. 576 UDQ. The following Friday he found the vehicle abandoned behind VOT. This witness was arrested and actually remanded in connection with these murders until he was discharged. I found him to be a witness worthy of credit. If there was any fault in him, it was that he appeared to say less than he actually knew and all for the benefit of his boss. I have no scintilla of doubt that he was a truthful witness. In his evidence, Mwesige, who is the driver who took the visitors to the farm, testified that one of the visitors was Silver whom he knew very well since they came from the same village. All along, prosecution had done everything to bring Mwesige as a witness but in vain. Before, the defence could start, he appeared and testified in relation to vehicle no. 725 UBC. I am left in no doubt that that prosecution has proved their case against the accused beyond reasonable doubt. Since he procured the death of the prince, he is equally responsible for the death of the night watchman who was killed in the process of liquidating the prince. I am in complete agreement with the assessors and find him guilty and convict him as charged. Now to Patrick Kwezi. The evidence concerning this accused too is wholly circumstantial. I accept the evidence of Ernest Nkoba that this accused is the nephew of John Katuramu. I also accept the evidence of Mwesige that this accused drove him to the taxi park for the journey back to Fort Portal. Why then did this accused deny any dealings with his uncle? The answer is simple: to derail the course of justice. I accept the evidence of DSP that there was a massive hunt for this accused which involved the use of Interpol. Our police force may be incompetent but they are not stupid enough to resort to Interpol before exhausting the local search. The accused’s flight is strong evidence to show that he was conscious of some great danger and had a strong desire to escape. The evidence on record inextricably links this accused with the assassins. I find this accused guilty on both counts and convict him as charged. In his evidence, John Omoding testified that a man called Bob Swart contacted him. This is now the accused Bob Weswala. P.C. testified that he arrested him in Mulago where he was being treated for gunshot wounds. In his confession, Alex Twinomugisha said that it was this accused who supplied him with a gun. Thanks to DSP Omoding, this criminal is going out scot-free. If he had handled him more skillfully, more could have been revealed. As it is, I find him not guilty and acquit him. Okumu Rombo Jimmy alias Doctor’s Counsel sought to build the Rwenzori out of Kololo Hill by arguing that his client is Okumu Rombo Jimmy and not Rombo Jimmy. I was not impressed by that nicety of argument. There is evidence that Rombo Jimmy stayed in Hotel Continental from March 23, 1999 to March 24, 1999. That is all there is. He could have been with the assassins but shortly before the act disassociated himself. I am unable to agree with the assessors that prosecution proved their case against this accused. He is found not guilty and is acquitted. Sentence: Alex Twinomugisha, John Katuramu, Patrick Kwezi, there is only one sentence prescribed by law. You shall suffer death in a manner prescribed by the law. ends