14 suspects accused of masterminding the murder of several Muslim leaders in the country could walk free, after three court assessors advised the International Crimes Division of the High Court to acquit them. The court assessors include Judith Muhaire, Muhammad Ddumba and Robert Sseguya.
The suspects are Muhammad Yunus Kamoga, the leader of Tabligh Muslims under Jamat Da'wa Assalafiyya, Sheikh Siraji Kawooya, Sheikh Murta Mudde Bukenya, Sheikh Fahad Kalungi, Amir Kinene, Hakim Kinene Muswaswa, Katende Yusufu alias Abdallah, Sekayanja Abdulsalam alias Kassim Mulumba, Sematimba Abudulhamid Mubiru, Hamza Kasirye, Twaha Sekitto, Jingo Rashid, Musa Issa Mubiru and Iga George William.
They were charged with the murder of Mustafa Bahiga, the former Kampala District Amir, Hassan Ibrahim Kirya, the former Kibuli Spokesman and Dr. Abdulqadir Muwaya the top Shia leader in Uganda. The trio was gunned down on different occasions and dates in Bwebajja in Wakiso district, Bweyogerere and Mayuge district respectively.
The 14 were also charged with terrorism and attempted murder or attack on Ssonko Najib, Umar Swadiq, Ibrahim Hassan Kirya, Mahamood Kibaate, Haruna Jemba and Prince Kassim Nakibinge. The crimes were allegedly committed between December 2013 and June 2015 in Kampala, Wakiso and Mayuge districts.
The court assessors presented their opinion to the fully packed International Crimes Division of the High Court this morning before three trial judges including Ezekiel Muhanguzi, Percy Tuhaise and Jane Kiggundu. Robert Sseguya, who spoke on behalf of the court assessors, asked the justices to acquit the accused, saying prosecution had failed to produce substantive evidence implicating them on all the charges.
In their submission, the court assessors noted that while prosecution had proved the murder of Mustafa Bahiga, it didn't prove that the accused were responsible for the murder. The assessors also said the accused couldn't have killed Hassan Ibrahim Kirya, the former Kibuli Spokesman since they were on remand in Luzira prison when he was gunned down. The court assessor also found the accused not guilty of the attempted murder of Haruna Jjemba, saying prosecution failed to prove the charge.
They noted that prosecution failed to produce the telephone conversation recordings where the accused planned to murder the complainants, which was vital to prove the charge. They said some of evidence brought in court rotated around Muslim wrangles and couldn't be relied on to convict the accused. They therefore asked court to find the accused not guilty on all the charges and acquit them.
A court assessor is a lay person who is appointed to sit and listen to serious cases and at the end of the trial, advise court on whether to acquit or convict the suspect(s) depending on his evaluation of the evidence presented in court. However, the assessors' opinion is not binding to court as the judge may differ from it.
Fred Muwema, the lawyer of the accused has welcomed the opinion of the court assessors, saying he will wait for the final court ruling on August 11, 2017.
Robert Kagoro Friday, one of the defense lawyers is happy that the trial seems to be coming to an end. He says it's unfair that the case has dragged on for close to two years without the people getting justice.
Siraje Nsambu Kifampa, the spokesperson, Jamat Da'wa Assalafiyya-JDS, says they are happy with the opinion of the court assessors.
