Death sentence based on speculation - Tonku
Death row convict Thomas Nkulungira alias Tonku has asked the Court of Appeal to quash his death sentence and conviction, saying the trial judge at the High Court relied on speculation
By Andante Okanya
Death row convict Thomas Nkulungira alias Tonku has asked the Court of Appeal to quash his death sentence and conviction, saying the trial judge at the High Court relied on speculation.
On Monday, Tonku's lawyers Benson Tusasirwe and Johnny Patrick Barenzi, made submissions at the Appellate Court.
A panel of three Justices headed by Augustine Nshimye, heard the appeal. The others were Eldad Mwangusya, and Kenneth Kakuru.
On August 13, 2011, High Court judge Albert Rugadya-Atwooki, handed Tonku a death sentence for the murder of Brenda Karamuzi.
Thomas Nkurungira (left) discussing with his lawyers; Tusasirwe Benson (right) and Barenzi John (center) shortly after the hearing at the Court of Appeal on Twed Towers in Kampala on May 4 2015. PHOTO/LATTIF RICHE
The deceased is said to have been murdered in 2010 between January 21 and January 30 at Kijjwa zone-Bukasa in the Kampala suburb of Muyenga near Makindye.
A fumigator discovered her decomposing body in the septic tank of Tonku's house on January 30, 2010.
Faulting the judge, Tusasirwe lamented that the trial descended into a trial of Tonku's moral character.
He referred to the judge's conclusion that Tonku was hostile, based on events of the night of January 21-22, when Tonku declined to open for the deceased who returned home late.
Thomas Nkurungira (left) being escorted by a prison security officer for the his hearing at the Court of Appeal at Twed Towers in Kampala on May 4, 2015. PHOTO/LATTIF RICHE
"The learned trial judge erred in law and fact by engaging in speculation and conjecture. Why the speculation?" Tusasirwe wondered.
"We submit that the circumstantial evidence fell below standard of proof. It did not put the appellant at the crime scene. It was riddled with doubts," Tusasirwe said.
The contention in the appeal revolves around two of the four ingredients in a murder case; participation of the accused and malice aforethought.
Tusasirwe stated that Tonku's co-accused, his shamba boy Fred Sempijja, was let off the hook lightly, yet he was found with the deceased's mobile phone handset.
Sempijja defended himself, saying he found the deceased already dead but only helped carry the body to the septic tank, which was eventually dumped by Tonku.
Ssempijja was acquitted of murder but handed a five-year jail term for being an accomplice to the crime.
The lawyer argued that Sempijja's possession of deceased's property, was evidence that he was the most likely culprit.
"The state case was bungled. It extricates the most likely culprit (Sempijja)," Tusasirwe noted.
He wondered how it could be convenient for Tonku to leave incriminating blood marks on the wall at the entrance to the ceiling where her personal effects like bags were found.
Tusasirwe maintained Tonku's stance that he was with friends at the time, as they made funeral arrangements for a close friend Erias Kagimu who had passed away in America.
He stated that Tonku did not sleep slept at home on January 28 and 29, as he was avoiding a confrontation with his landlord over rent arrears of sh3m.
However, Senior principal state attorney Jane Kajuga, asked court to dismiss the appeal, saying incriminating evidence overwhelmingly pointed at Tonku.
"Our prayer is that you disallow the appeal and confirm both the sentence and conviction. The court(High Court) properly applied law to the facts. All circumstances point to the fact that the deceased died in the appellant's house," Kajuga said.
Accordingly, Nshimye said the judgement date would be communicated.
Also related to this story
'Our relationship was based on money' Tonku