Kooky to hang, brother freed

THE Supreme Court yesterday acquitted Davinder Kumar of murder, but confirmed the death sentence against his brother, Kooky Sharma, for killing his wife, reports Hillary Nsambu. Sharma and Kumar, Indian businessmen, were on their last appeal against the death sentence after being convicted in 2000 by the High Court in Kampala. Kooky’s last hope now is a pardon by the President. A panel of five justices, chaired by Chief Justice Benjamin Odoki, made a unanimous decision in a judgment that was read by Justice John Wilson Tsekooko. Kooky and Kumar were indicted for killing Kooky’s wife, Renu Joshi, by electric burns on the Christmas Eve of 1997 at their home in Old Kampala. Kooky and Joshi had two children.Kooky was led into the courtroom on handcuffs with another inmate who was also on last appeal against conviction and death sentence for aggravated robbery. Kumar walked in freely but under heavy escort. Davinder wept.The justices said the conviction was based on circumstantial evidence.“There is no burden of proof on the accused person who puts forward an alibi as his defence. The burden lies on the prosecution, which in this case, it failed to prove,” the justices said. The prosecution failed to prove Kumar was in Kooky’s house at the time of death, they said.