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Bail application hearing of alleged serial killer flops

By Michael Odeng

Added 29th June 2017 03:18 PM

Today, state prosecutor Gladys Nyanzi revealed to court that the counsel for the accused, MacDosman Kabega was not available and that he is expected to come back from abroad on July 2.

 Bail application hearing of alleged serial killer flops

Today, state prosecutor Gladys Nyanzi revealed to court that the counsel for the accused, MacDosman Kabega was not available and that he is expected to come back from abroad on July 2.

Hearing of a bail application filed by suspected serial killer, Baker Walusimbi, accused of murdering three teenage girls on December 18, 2005 flopped because his lawyer is reported absent.

Today, state prosecutor Gladys Nyanzi revealed to court that the counsel for the accused, MacDosman Kabega was not available and that he is expected to come back from abroad on July 2.

"My lord I seek for an adjournment, which would be convenient to this court. I so pray," She requested.

This prompted the High court presided over by Justice Yasin Nyanzi to adjourn the case to July 11, for hearing of the bail application.

Walusimbi, who has spent 11 years on remand at Luzira Prison appeared before court to answer three counts of murder and four counts of aggravated robbery.

However, the Principal Judge, Yorokamu Bamwine has directed that the accused be re-tried again following the disappearance of court assessors.  This will require Walusimbi to be re-arrested, charged and committed to High court for trial.

53-year-old Walusimbi alias Kawesa of Upper Konge, a city suburb, was arrested on January 21, 2006 following a joint operation by the police and the Violent Crime Crack Unit.

The manhunt that resulted in Walusimbi's arrest was mounted in December 2005 when two bodies of females who had first been raped and later killed in a similar manner were found dumped in different areas of Kampala.

The suspect confessed to his crimes when under police interrogation, but when he was put on trial he recanted his admission to the crimes.

Walusimbi is accused of killing Maureen Nabbaale, a former Senior Six student of Makerere College School, Jacqueline Najjombwe and Maria Katasi, both residents of Najjanankumbi on Entebbe Road at Dewe Village in Wakiso district and Makerere-Kikoni zone in Kampala respectively.

It is alleged that the accused posed as a taxi driver to pick up the victims from an upscale Kampala nightclub before attacking them.

At a certain stage of the trial in 2008, the Judge ruled that the case be referred to the Constitutional court for interpretation after both the state and defence closed their cases, as court waited for final submission and assessor's opinion.

However, when the trial resumed before Nyanzi, last month, defence lawyer Kabega cited section 69 of the Trial and Indictment Act (TIA), stating that the assessors should be present in court as they present their final submissions so that they can give their opinion on the case.

This prompted the Director of Public Prosecution (DPP) to write a letter to the High court deputy register, seeking to be updated on how far they have gone in tracing assessors so that the case is completed but in vain.

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