The Independent Uganda: You get the Truth we Pay the Price
Kampala, Uganda | THE INDEPENDENT | The state intends to file an application seeking to try Shafiq Kasujja in absentia for the murder of the former Police Spokesperson Andrew Felix Kaweesi.
Kaweesi was shot dead on March 17th, 2017 together with his bodyguard Kenneth Erau and driver Godfrey Mambewa.
Eight suspects were arrested and charged with murder aggravated robbery, terrorism, aiding and abetting terrorism, and belonging to a terrorist organization the Allied Democratic Forces.
They are: Abdulrashid Mbaziira, Hamza Higenyi, Shafiq Kasujja, Yusuf Mugerwa, Bruhan Balyejjusa, Joshua Kyambadde, Jibril Kalyango, and Yusuf Nyanzi.
The prosecution led by State Attorney Lillian Omar presented before the court and shared with the defense lawyers all the evidence and exhibits they intend to rely on to prosecute the accused persons.
The exhibits included documentary evidence of statements from the accused persons made at different police stations, witness statements from police officers, and those that were seen by both parties during a physical inspection in Naguru.
The evidence included the vehicle of the deceased persons, bullets, projectiles, phones, an AK-47, a Motorcycle, and stained clothes of the officers who were gunned down among others.
On Tuesday, the court presided over by Lady Justice Alice Komuhangi Khaukha was expected to deliver its ruling on the confirmation of charges for the Judge to ascertain whether the charges presented against the suspects can stand trial based on the evidence adduced before her.
But the Assistant Director of Public Prosecutions Lino Anguzu has told Court that he needed an adjournment because the prosecutor was away and she did not take some steps she was supposed to make.
Anguzu said the steps included swearing an affidavit by a Police Officer who went to record a statement from the Local Council Area Chairperson of the village where one of the suspects Kasujja resides.
Anguzu said the Area Chairperson informed them that Kasujja ‘s whereabouts are unknown and it is the information they needed captured in an affidavit and a statement that they have not yet compiled and submitted to Court.
He added that the Police officer tasked to find Kasujja said that he had failed to trace the suspect in any of the cells. The family of Kasujja alleges that he was rearrested by state operatives and they don’t know where he is.
Anguzu asked the court to extend criminal summons against Kasujja ‘s sureties such that they can come and inform the court of his whereabouts.
Anguzu also asked Court to give him three days to prepare the documents of the Local Council One Chairperson and the Police officer and file an application seeking to try Kasujja in absentia.
The Defense lawyer Geoffrey Turyamusiima had no objection to the submissions by the Prosecution.
Lady Justice Komuhangi has granted Anguzu time to file his documents by April 21st, 2023, and the Defense to make a response on April 25th and adjourned the case to May 2nd, 2023 for the ruling.
Komuhangi further extended the criminal summons she had previously issued against Kasujja and issued fresh ones for his sureties.
If the Prosecution’s application is granted, it will not be the first time a suspect is tried in absentia.
In 2022, the former State Minister for Labour Herbert Kabafunzaki was tried in absentia after skipping bail on corruption and bribery-related charges.
He was convicted by the Anti-Corruption Court and sentenced to a fine and in default, a jail term was also imposed but he chose to pay a fine and have the matter concluded.
*****
URN
