Two brothers working with the Uganda Peoples’ Defence Forces (UPDF) have been convicted of murdering a mobile money agent.
The General Court Martial chaired by Brig. Gen. Freeman Robert Mugabe last Tuesday found Private Julius Kisuule and Private David Kisuule guilty of killing Evelyn Nantale at Kamwamu Zone in Kiyindi town council, Buikwe district.
Mugabe said the prosecution had proved the case against the accused persons beyond reasonable doubt through the five witnesses.
“This court after evaluating the evidence on record is satisfied that the prosecution proved each of the ingredients of the offence of murder against the accused persons. I hereby find each of the accused guilty of murder, contrary to Section 188 and 189 of the Penal Code Act as charged,” he ruled.
The court, however, adjourned the case to August 12, after the convicts’ lawyer Emmanuel Turyomwe said they were not ready for mitigation.
The offence of murder attracts a maximum sentence of death, upon conviction.
The court agreed with the state prosecutors Capt. Ambrose Guma and Capt. Alex Mukhwana that the disappearance of David from the scene of the crime after the murder proves that he committed the offence.
The court chairperson noted that the convicts caused the death of Nantale with malice aforethought.
After evaluating the evidence on record, Mugabe found that there were no major inconsistencies in the testimony of prosecution witnesses.
He also rejected David’s alibi, saying it was disproved and cannot stand. An alibi is a defence alleging that the accused was somewhere else other than the crime scene at the time the incident happened.
David had claimed he spent the whole day at home on the date of the alleged murder. Prosecution witnesses During the trial, Assistant Superintendent of Police Afsa Ninkunda testified that on January 9, 2020, at around 8:30am, she heard gunshots and rushed to the crime scene where she saw a mob with one suspect (Julius Kisuule), who was bleeding.
Ninkunda said the suspect was rescued from the mob and taken to the Police. While at Police, Julius Kisuule confessed to shooting Nantale and also disclosed that his brother David Kisuule ran away with the gun after the shooting incident.
Another prosecution witness, Abdala Kabonge, a Police officer attached to Lugazi Police Station, told the court that on January 9, 2020, he and Ninkunda went to the house of one Kanyike, where they found Nantale’s body lying in a pool of blood.
Kabonge said thereafter, they went to Kiyindi Police Station, where they found a suspect (Julius) who had been beaten and they took him to Kawolo Hospital for treatment. Kabonge testified that while at the hospital, Julius confessed to murdering Nantale.