Appeal against Kiyingi acquittal starts Sept. 25
THE Court of Appeal will on September 25 start hearing a petition against the acquittal of Australian-based Ugandan cardiologist, Dr. Aggrey Kiyingi, over the murder of his wife.
By Anne Mugisa and Hillary Nsambu
THE Court of Appeal will on September 25 start hearing a petition against the acquittal of Australian-based Ugandan cardiologist, Dr. Aggrey Kiyingi, over the murder of his wife.
The Director of Public prosecutions (DPP) is seeking to overturn the High Court ruling, which cleared Kiyingi of the murder of his wife, Robinah Kiyingi.
Robinah, a Kampala-based lawyer, was gunned down at her gate in Buziga, a city suburb, on July 11, 2005.
The DPP is also contesting the acquittal of Dr. Kiyingi’s co-accused, Charles Berwanaho and Bob Mugisha, a Police detective.
The DPP wants the Court of Appeal either to overturn the acquittal or order a fresh trial.
The DPP argued that the trial judge, Opio-Aweri, made several errors, including that of not evaluating the evidence properly when he acquitted Kiyingi on December 11, 2006. “The trial judge erred in law and misdirected himself in delving into speculations, extraneous matters and theories not supported by the evidence, thereby arriving at a wrong decision.â€
The judge, according to the DPP, should never have dismissed the evidence that Kiyingi threatened his wife two years before her death, on grounds that it was too remote to relate to her death.
The DPP also wondered why the High Court disregarded evidence that Robinah expressed fear after her husband sneaked into the country on June 29, 2005, about two weeks before she was murdered.
In his ruling, the judge said the fears that Robinah had expressed were general.
According to the DPP, the court should never have disregarded submissions that the death of John Atwine while in detention was masterminded by the accused to cover up evidence.
Atwine was said to have pulled the trigger, killing Robinah instantly.
THE Court of Appeal will on September 25 start hearing a petition against the acquittal of Australian-based Ugandan cardiologist, Dr. Aggrey Kiyingi, over the murder of his wife.
The Director of Public prosecutions (DPP) is seeking to overturn the High Court ruling, which cleared Kiyingi of the murder of his wife, Robinah Kiyingi.
Robinah, a Kampala-based lawyer, was gunned down at her gate in Buziga, a city suburb, on July 11, 2005.
The DPP is also contesting the acquittal of Dr. Kiyingi’s co-accused, Charles Berwanaho and Bob Mugisha, a Police detective.
The DPP wants the Court of Appeal either to overturn the acquittal or order a fresh trial.
The DPP argued that the trial judge, Opio-Aweri, made several errors, including that of not evaluating the evidence properly when he acquitted Kiyingi on December 11, 2006. “The trial judge erred in law and misdirected himself in delving into speculations, extraneous matters and theories not supported by the evidence, thereby arriving at a wrong decision.â€
The judge, according to the DPP, should never have dismissed the evidence that Kiyingi threatened his wife two years before her death, on grounds that it was too remote to relate to her death.
The DPP also wondered why the High Court disregarded evidence that Robinah expressed fear after her husband sneaked into the country on June 29, 2005, about two weeks before she was murdered.
In his ruling, the judge said the fears that Robinah had expressed were general.
According to the DPP, the court should never have disregarded submissions that the death of John Atwine while in detention was masterminded by the accused to cover up evidence.
Atwine was said to have pulled the trigger, killing Robinah instantly.