High court frees Five on murder for lack of evidence
By Edson Kinene
The High Court sitting in Rukungiri on 19th Jan freed 5 men who were accused of murder after court found no incriminating evidence against them.
High court Judge Justice Moses Kawumi Kazibwe ruled that the 5 accused men were not guilty of the offence of murder because prosecution failed to place them at the scene of crime and the case was poorly investigated.
Those set free include Mugarura Anthony, Kabasharira John, Atwebembeire Allan, and Ahereza Innocent all residents of Kiganda in Nyakishenyi.
The five men who hail from Kiganda village in Nyakishenyi sub county Rukungiri direct were represented by Jonathan Bwagi of Bwagi and company Advocates asked court to set free the accused since there was no evidence to pin them on the case.
“my lord I pray you release my clients because prosecution has failed to pin them on case against them”
The accused have spent on remand for 3 years.
They were accused of killing one Sostine a night watchman at Kiganda COU in Nyakishenyi in 2013.
Prosecution brought two witnesses who backfired after one of them Rev Kanyehimba Jackson said that he was called to see the dead while another witness Turyatemba Johnson said he did not know who killed.
Justice Kawuma Kazibwe concurred with the defence lawyer Jonathan Bwagi that the case was poorly investigated since the identification parade was done by Local Council in absence of police thus setting them free.
The Judge also warned the Police to stop arresting suspects without doing enough investigations.
“police should always do through investigations rather than having people spend long time on remand while they are innocent” Judge Kawuma said.