Judge declines to step aside in Magara murder case

Kampala, Uganda | THE INDEPENDENT | High Court Judge Alex Ajiji has declined to step aside from hearing the case in which nine people are accused of murdering the Bwendeiro Diary Cashier Susan Magara.

The nine are Abas Buvumbo, Yusuf Lubega, Hussein Wasswa, Muzamiru Ssali, Hassan Kato Miiro, Hajara Nakandi, Abubaker Kyewolwa, Mahad Kasalita, and Ismail Buckeye.

Prosecution alleges that the group kidnapped and murdered Magara on February 28th 2018 after securing a ransom of 700 million shillings.

The accused on Tuesday asked the Judge to step aside from hearing their matter on the basis that they are not likely to have a fair hearing in the case.  They argued that the Judge had not done enough to help them get a fair hearing by listening to the concerns they aired through their lawyers.

They contend that they were tortured but Justice Ajiji did not grant an order for them to get their original medical documents from the African Centre for Treatment and Torture Victims to present them as proof yet it was crucial evidence supporting the nullification of their trial.

The accused persons through one of their colleagues Ssali said that there is no way as prisoners they can get out and therefore, they expected the Court to help them get justice which they said has not been done.

They asked Justice Ajiji to recuse himself from continuing with the trial where so far 20 witnesses have testified.

In his ruling, Justice Ajiji concurred with the objections raised by Chief State Attorney Joseph Kyomuhendo, Irene Nakimbugwe and Sharifa Nalwanga that the accused persons had no serious reasons that had been advanced for him to recuse and ordered that hearing of the main case should proceed.

The Judge observed that the accused persons had a right to appeal against his decision to throw out their torture claim application but they did not appeal.

According to Justice Ajiji,  justice is two-way and it cannot be for the accused persons alone but even the relatives of the victims in this case were equally hurt.

He added that he took a judicial oath whose mandate he has to exercise without fear or favour, affection or ill will.

The Judge maintained that he had followed the rules of the trial right from the beginning and he has a right to refuse scandalous or embarrassing questions during examination of Prosecution witnesses and cross-examination by Defense lawyers.

On the issue of the suspects wanting the Court to make an order for them to retrieve their original medical documents from the African Centre for Treatment and Torture Victims, the Judge ruled that, it was their private affair and that he couldn’t order the NGO to avail Court the documents.

He accordingly dismissed their request and ordered the next prosecution witness to testify.  He adjourned further hearing of this case to Wednesday.

The accused persons are on remand in different prisons and have since denied the charges against them.

The case centres around an alleged kidnap-for-ransom scheme devised by the accused individuals, some of whom remain at large. Susan Magara was the unfortunate first victim of this scheme.

The prosecution contends that she was abducted in Lungujja and held captive for three weeks while the kidnappers negotiated a US$1 million ransom with her family.

After receiving US$200,000 of the ransom money, the prosecution alleges that the kidnappers murdered Susan Magara and disposed of her body in Kitiko.

The investigations reveal that Magara overheard conversations involving Hajara Nakandi’s visitors while captive. Fearing exposure, the suspects allegedly convened at Usafi Mosque and decided to suffocate Magara with a polythene bag to prevent her from revealing their identities.

The prime suspect, Patrick Kasaija alias Agaba alias Pato, was previously charged separately for the kidnap of Joan Cora Alupo but had the charges dropped for lack of sufficient evidence.

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