Evidence was hearsay â€" Kiyingi defence lawyers
Oct 01, 2006
Court should acquit two suspects in the Kiyingi murder trial because the evidence was “hearsayâ€, defence lawyers have said.
By Anne Mugisa and Hillary Kiirya
Court should acquit two suspects in the Kiyingi murder trial because the evidence was “hearsayâ€, defence lawyers have said.
Ddamulira Muguluma, who was making final submissions on behalf of Charles Berwanaho and Bob Mugisha, said prosecution evidence was hearsay and inadmissible.
Submissions on behalf of Dr. Aggrey Kiyingi, a suspect in the murder of his wife, Robinah Kiyingi last year, will be made tomorrow by Macdusman Kabega.
Muguluma asked court to reject what John Atwine, the alleged assassin, told the Police. He said by the time Atwine talked he was not a free man because he was under the influence of the Police. He also asked court to reject Saada Nassuna’s testimony of what Atwine told her, saying it too was hearsay.
“Our submission is that the State failed to prove the case beyond reasonable doubt. The main ingredient in the murder, which is left outstanding, is who killed Robinah. This had to be proven beyond reasonable doubt,†Muguluma said.
“However, we admit that the State proved that Robinah Kiyingi is dead, the killing was unlawful and was with malice aforethought. the evidence of Nassuna, Karugaba, Dr. Eva Kasirye, Andrew Kibuuka Kiyingi, Samalie Kiyingi, must not be relied upon. Their evidence is inadmissible because it is what Robinah told them or what Atwine told the witnesses,†he said.
Muguluma said the statements were not made under oath and those who made them could not be cross-examined. He said Nassuna was influenced by the sh5m Police bounty.
Ends
Court should acquit two suspects in the Kiyingi murder trial because the evidence was “hearsayâ€, defence lawyers have said.
Ddamulira Muguluma, who was making final submissions on behalf of Charles Berwanaho and Bob Mugisha, said prosecution evidence was hearsay and inadmissible.
Submissions on behalf of Dr. Aggrey Kiyingi, a suspect in the murder of his wife, Robinah Kiyingi last year, will be made tomorrow by Macdusman Kabega.
Muguluma asked court to reject what John Atwine, the alleged assassin, told the Police. He said by the time Atwine talked he was not a free man because he was under the influence of the Police. He also asked court to reject Saada Nassuna’s testimony of what Atwine told her, saying it too was hearsay.
“Our submission is that the State failed to prove the case beyond reasonable doubt. The main ingredient in the murder, which is left outstanding, is who killed Robinah. This had to be proven beyond reasonable doubt,†Muguluma said.
“However, we admit that the State proved that Robinah Kiyingi is dead, the killing was unlawful and was with malice aforethought. the evidence of Nassuna, Karugaba, Dr. Eva Kasirye, Andrew Kibuuka Kiyingi, Samalie Kiyingi, must not be relied upon. Their evidence is inadmissible because it is what Robinah told them or what Atwine told the witnesses,†he said.
Muguluma said the statements were not made under oath and those who made them could not be cross-examined. He said Nassuna was influenced by the sh5m Police bounty.
Ends