All Budo fire suspects cleared

Apr 29, 2009

BUGANDA Road Court yesterday acquitted the former headmaster of Budo Junior School, William Kayongo, of all the charges in connection with the death of 20 pupils in a fire at the school a year ago.

By Charles Ariko

BUGANDA Road Court yesterday acquitted the former headmaster of Budo Junior School, William Kayongo, of all the charges in connection with the death of 20 pupils in a fire at the school a year ago.

Chief magistrate Vincent Mugabo also acquitted the matron, Damalie Basirika, who was in charge of the dormitory where the children died, and the four security guards who were on duty on the fatal night of April 14, 2008.

The guards are Julius Tumusiime, Stanley Basigara, Andrew Byamukama and Matia Tumuhairwe. All six had been charged with criminal negligence.

In his ruling, the judge said there was no sufficient evidence to sustain the charges against the accused. He blamed the Police for not having carried out thorough investigations.

“A year has passed without the parents and survivors being informed of the cause of the fire,” he stated.

“Twenty pupils of Nassolo dormitory lost their lives at a tender age. Several probes were put up to investigate the matter but there is no report on the cause of the fire.”

He noted that the state had left many questions unanswered in prosecuting the case. “I am afraid the state has not answered crucial questions to portray the accused as having been negligent on the night in question.”

Just like another fire in 2006 where 13 pupils of Kabarole Islamic Primary School perished, Mugabo said the Budo inferno would remain a mystery.

“I can understand the grief the parents are going through and the trauma faced by the young survivors,” he noted.

“It is frustrating to observe that prosecution closed this case when there is no report on the investigation. Did Police ever investigate this matter? Where is the patriotism?”

There was a stir in the courtroom, which had remained silent as he read the ruling. Some people jeered. Others surged forward as they jostled to congratulate the lawyers of the accused.

Kayongo used the opportunity to sneak out through a backdoor. He was later seen outside the court in tears, hugging his wife.

An unidentified woman who was overcome by emotion broke down and started sobbing.

“Where is justice? Where are we going after here? If the court says there is no case, does that mean our children did not die? Who is going to help us?” she asked.

Another woman, who identified herself as Gladys Nakkadu, said: “This is going to encourage more people to burn schools because they know even if they are taken to court, nothing will happen to them.”

Brian Serunjoji, one of the defence lawyers, said the state panicked in handling the case. “The state should have carried out thorough investigations before it started prosecuting this case,” he commented.

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FACTFILE
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- April 14, 2008: Fire guts Nassolo dormitory, killing 20 girls. Nation in shock

- April 14: Police interrogate electricity company UMEME officials since the school was in a black-out

- April 15: State House investigators interrogate head teacher Livingstone Ddungu

- April 17: Police quiz former headmaster Dr William Kayongo, arrest 10 guards and matron Damalie Basirika

- April 22: Investigations fail to establish the cause of the fire

- April 23: Basirika and four guards charged with negligence; remanded to Luzira

- May 8: Parliament declares Yvonne Namaganda, who died saving other children, a national heroine

- May 20: Buganda Road Court protests the slow pace of the investigation

- June 3: Basirika and the guards bailed after 42 days

- June 10: School re-opens as parents protest

- July 15: Dissatisfied parents demand independent probe

- July 18: Wakiso LC5 declares the fire as arson

- July 22: Parents demand compensation from the govt

- Sept 11: Kayongo arrested over criminal negligence

- Sept 19: Kayongo bailed

- Dec 4: Pleads innocent

- February 17: Legal Brains Trust, an alliance of lawyers, blames the fire on arsonists

- April 19: Parents reveal they had sued the govt and school for negligence

- April 29: Kayongo and all other suspects acquitted. What next, parents ask.

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