Dr. Kiyingi acquitted
Dec 11, 2006
Ululations resounded throughout the High Court yesterday when Dr. Aggrey Kiyingi was acquitted of killing his wife, Robinah Kayaga Kiyingi, in what had become the most publicised murder case in Uganda’s recent history.
By Anne Mugisa, Hillary Kiirya and Harriette Onyalla
Ululations resounded throughout the High Court yesterday when Dr. Aggrey Kiyingi was acquitted of killing his wife, Robinah Kayaga Kiyingi, in what had become the most publicised murder case in Uganda’s recent history.
His co-accused, friend Charles Berwanaho and former bodyguard Bob Mugisha, also walked free.
Justice Opio Aweri ruled that although evidence by the key witnesses was admissible, it could not be proven as it was based on information from the fourth suspect, John Atwine, who died in prison.
“In my view, Musiime and Nassuna’s evidence cannot be dismissed as hearsay. They were facts heard from Atwine,†the judge said in his one-hour and 54-minute ruling.
“My mind is still nagging as to whether Kiyingi committed the crime. Nicholas Musiime and Sadha Nassuna’s evidence could not, unfortunately, be corroborated because of the death of Atwine. I have to be satisfied beyond reasonable doubt. If that hasn’t been accomplished, I feel uncomfortable to convict the accused. I acquit the accused,†the judge ruled.
The verdict was greeted with shouts of ‘God is great†as the relatives and friends of the acquitted jumped up and hugged each other.
The three men in the dock took out their handkerchiefs simultaneously and wiped their faces. The Australian-based cardiologist, who was at the centre of the storm, looked detached, his eyes showing no emotions. He snubbed handshakes and hugs.
Robinah Kiyingi was gunned down on July 11, 2005 at her gate in Buziga as she returned home in the evening.
According to the evidence, she was showered with five bullets in the head. Two more bullets were recovered at the scene of the crime.
The assailants escaped on a boda-boda motorcycle. The gun was found some 100 metres away.
Robinah was a renowned city lawyer and investigator. She was also a board member of the Uganda Electricity Regulatory Authority.
Her husband was arrested immediately after the burial at Kitetika on Gayaza Road. The three others were rounded up the same week.
The prosecution called 26 witnesses. These included two of Kiyingi’s children as well as Robinah’s sister, Dr. Eva Kasirye Alemu.
In her presentation, the prosecutor alleged that Atwine, a UPDF soldier, was the hitman who had been contracted by his brother, Berwanaho, to carry out the murder on behalf of Kiyingi. Mugisha, a police man, allegedly provided the killer gun.
The prosecution also relied on a jacket Nassuna, Atwine’s girlfriend, had lent to him, which was found at the scene of the crime. Another piece of evidence was a map, recovered from the murder site, which bore Atwine’s fingerprints.
Alleged death threats from her husband, which Robinah had reported, were also raised.
The state claimed the doctor wanted to get rid of his wife so as to marry the woman he was living with.
Their disagreement, according to the prosecution, centred around the partition of their property after Dr. Kiyingi had filed for divorce.
The judge, however, dismissed the death threats because they were made between 2001 and 2003.
“There was no evidence that he continued threatening the deceased. I consider that the fear the deceased expressed was just a general expression of fear. This is weak and cannot incriminate the accused,†the judge ruled.
The court room was jammed as people eagerly awaited the ruling. None of the couple’s four children was present.
Only Robinah’s sister, Eva, attended but she refused to comment.
Kiyingi’s lawyers, MacDusman Kabega and Ddamulira Muguluma, were visibly relieved after the verdict. The State Attorney, Joan Kagezi, did not want to disclose whether they would appeal against the ruling.
Ululations resounded throughout the High Court yesterday when Dr. Aggrey Kiyingi was acquitted of killing his wife, Robinah Kayaga Kiyingi, in what had become the most publicised murder case in Uganda’s recent history.
His co-accused, friend Charles Berwanaho and former bodyguard Bob Mugisha, also walked free.
Justice Opio Aweri ruled that although evidence by the key witnesses was admissible, it could not be proven as it was based on information from the fourth suspect, John Atwine, who died in prison.
“In my view, Musiime and Nassuna’s evidence cannot be dismissed as hearsay. They were facts heard from Atwine,†the judge said in his one-hour and 54-minute ruling.
“My mind is still nagging as to whether Kiyingi committed the crime. Nicholas Musiime and Sadha Nassuna’s evidence could not, unfortunately, be corroborated because of the death of Atwine. I have to be satisfied beyond reasonable doubt. If that hasn’t been accomplished, I feel uncomfortable to convict the accused. I acquit the accused,†the judge ruled.
The verdict was greeted with shouts of ‘God is great†as the relatives and friends of the acquitted jumped up and hugged each other.
The three men in the dock took out their handkerchiefs simultaneously and wiped their faces. The Australian-based cardiologist, who was at the centre of the storm, looked detached, his eyes showing no emotions. He snubbed handshakes and hugs.
Robinah Kiyingi was gunned down on July 11, 2005 at her gate in Buziga as she returned home in the evening.
According to the evidence, she was showered with five bullets in the head. Two more bullets were recovered at the scene of the crime.
The assailants escaped on a boda-boda motorcycle. The gun was found some 100 metres away.
Robinah was a renowned city lawyer and investigator. She was also a board member of the Uganda Electricity Regulatory Authority.
Her husband was arrested immediately after the burial at Kitetika on Gayaza Road. The three others were rounded up the same week.
The prosecution called 26 witnesses. These included two of Kiyingi’s children as well as Robinah’s sister, Dr. Eva Kasirye Alemu.
In her presentation, the prosecutor alleged that Atwine, a UPDF soldier, was the hitman who had been contracted by his brother, Berwanaho, to carry out the murder on behalf of Kiyingi. Mugisha, a police man, allegedly provided the killer gun.
The prosecution also relied on a jacket Nassuna, Atwine’s girlfriend, had lent to him, which was found at the scene of the crime. Another piece of evidence was a map, recovered from the murder site, which bore Atwine’s fingerprints.
Alleged death threats from her husband, which Robinah had reported, were also raised.
The state claimed the doctor wanted to get rid of his wife so as to marry the woman he was living with.
Their disagreement, according to the prosecution, centred around the partition of their property after Dr. Kiyingi had filed for divorce.
The judge, however, dismissed the death threats because they were made between 2001 and 2003.
“There was no evidence that he continued threatening the deceased. I consider that the fear the deceased expressed was just a general expression of fear. This is weak and cannot incriminate the accused,†the judge ruled.
The court room was jammed as people eagerly awaited the ruling. None of the couple’s four children was present.
Only Robinah’s sister, Eva, attended but she refused to comment.
Kiyingi’s lawyers, MacDusman Kabega and Ddamulira Muguluma, were visibly relieved after the verdict. The State Attorney, Joan Kagezi, did not want to disclose whether they would appeal against the ruling.