Kampala, Uganda – The International Crimes Division of the High Court has confirmed murder and terrorism charges against four individuals accused of assassinating Assistant Director of Public Prosecutions, Joan Kagezi, a decade ago. Justice Alice Khaukha Komuhangi ruled on Tuesday, March 25th, that the prosecution presented sufficient evidence to warrant a full trial.
The accused, Daniel Kisekka Kiwanuka, John Kibuuka (also known as Musa), John Massajjage (also known as Mubiru Brian), and Nasur Abdallah Mugonole, will now stand trial for the heinous crimes.
“Having considered all the evidence disclosed by the prosecution, I find that there is sufficient evidence to establish substantial grounds to believe that each of the accused committed the crimes they are charged with,” Justice Komuhangi stated.
The judge ordered the prosecution to amend the indictment to reflect the correct chapters and sections of the law, as per the revised edition, before the trial commences. Both murder and terrorism charges carry a maximum sentence of death upon conviction.
Details of the Crime:
Joan Kagezi was fatally shot on March 30, 2015, at approximately 7:15 PM in Kiwatule, a suburb of Kampala. She was attacked while purchasing fruits at a roadside stall, moments after stopping her car while driving home with her children. An autopsy revealed that she was shot twice, in the neck and shoulder, through the driver’s side window.
Evidence Presented:
- Location Data: Court evidence detailed mobile network data from MTN and Airtel, placing the mobile phones of Kibuuka and Massajjage within the vicinity of the crime scene shortly before and during the murder.
- Confession and Testimony: Daniel Kisekka Kiwanuka confessed to participating in the murder alongside his co-accused. He revealed that he and Mugonole acted as a backup team for Kibuuka and Massajjage, securing their escape route.
- Ritualistic Practices: Kiwanuka also disclosed that he, Kibuuka, and Mugonole sought the services of a sorcerer in Kayunga for protective rituals following the murder. The sorcerer, currently imprisoned on unrelated charges, confirmed performing these rituals and identified the three accused in a police identification parade.
- Common Intention: The judge ruled that the evidence connects all the accused to the planning, organization, and execution of the attack, making them culpable under the doctrine of common intention, as stipulated in Section 20 of the Penal Code Act. The attack involved four individuals on two motorcycles, with one passenger armed with the firearm used in the murder.
Legal Proceedings:
Assistant Director of Public Prosecutions, Thomas Jatiko, represented the state, while defense lawyers Henry Kunya and Elizabeth Nampola represented the accused. The case now moves forward to trial.
