Closing Arguments Heard in Trial of Abubakar Kalungi for Murder of Muhammad Kirumira.

Mar 13, 2023 - 21:11
 0
Closing Arguments Heard in Trial of Abubakar Kalungi for Murder of Muhammad Kirumira.

The defense and prosecution in the Muhammad Kirumira trial have finished presenting their cases and offering prayers to the judge.

On September 8, 2018, in the Bulenga Wakiso district, Kirumira, the former Buyende District Police Commander, and his female friend Resty Nalinya Mbabazi were shot and killed by unidentified assailants.

At the High Court in Kampala, the trial of Hamza Mwebe and Abubakar Kalungi in relation to the double homicide began last year. But, Lady Justice Margrate Mutonyi found Mwebe not guilty in December after the prosecution failed to prove its case. But she decided Kalungi had a case to answer, so she put him on the defense.

Following the conclusion of the defense's hearing last month, the court on Monday heard the prosecution's Thomas Jatiko and the defense's Zefania Zimbe's closing arguments. Jatiko urged the court to use the available evidence to convict Kalungi of two murders.

According to Kalungi's alleged Charge and Caution statement, in which he accused himself of taking part in the killings, he made the remark in question. Additionally, he claimed that Kalungi had admitted to his mother that he had strayed after being picked up by his pals Mwebe and Abdu Kateregga, who were killed by security, when he was transported to her home.

He referred to the Charge and Caution statement said to have been made by Kalungi in which, he implicated himself as having participated in the murders. He further said that Kalungi had revealed to his mother, when, he was taken to her house, that his friends Mwebe and Abdu Kateregga who was killed by security had strayed him. 

The prosecution claims that Kalungi alerted the assassins who ultimately killed him and Mbabazi of how he had been hired to follow Kirumira, which he did. Security took Kalungi to his mother's house in Mpigi to investigate the residence where he is said to have spent the night after taking part in the double homicide. The evidence that Kalungi had phoned Kateregga—who is said to have pulled the trigger when the crime was committed—was also used by the prosecution. Based on call logs obtained from Airtel Uganda, this was said.

On behalf of his client, attorney Zimbe pleaded with the jury to acquit him because the prosecution's evidence contradicted itself, failed to locate him at the site of the incident, and was based on improper charges and caution statements. Regarding the claim that Kalungi was not present at the scene of the crime, Zimbe argued that the eyewitness testimony provided by the prosecution did not identify the assailants other than the observation of two motorcycles carrying passengers.

On the subject of inconsistencies, he cited a number of examples, including the fact that one police officer claimed the motorcycles were sport bikes while the other claimed they were TVS, and that the prosecution's eye witness claimed the shooters fled through the Bulaga, Mityana side while two police officers testified that they fled via Busega, Kyengera Nsangi after carrying out the killings.

According to Zimbe, the charge and caution statement purportedly prepared by police officer Stephen Wolimbwa was missing the obligatory caution, and as a result, the accused individual wasn't warned prior to the supposed statement's making. Also, (Wolimbwa) stated in his testimony that he did not explain the meaning of the statement to the defendant.

Zimbe further informed the court that his client had been forced to sign other documents after being tortured, and that this declaration might be one of them. He quoted the doctor who examined Kalungi in his report, Dr. Santos Ojara, who detected injuries on the suspect's forehead, lower lip, and back.

Less than a week before to the assessment, the doctor said in his report, the injuries had been sustained. The doctor performed the examination and provided a report on October 2, 2018, whereas the Charge and Caution Statement was made on September 29.

“This means by the time he made the Charge and Caution Statement, he had been tortured and coerced to write his name, and sign documents that could include the Statement. Look at the Charge and Caution Statement to see how the name was written. It shows that the writer was either illiterate or his hands were handcuffed” argued the defense lawyer. 

State Attorney Thomas Jatiko responded by dismissing the aforementioned discrepancies as insignificant and adding that the charge and caution statement were submitted to the court and accepted, and that the court would not accept any evidence of the accused being tortured.

In regards to locating the accused at the scene of the crime, he claims the phone logs showed that he was close by when the murder was committed. Margrate Mutonyi, the presiding judge, postponed the case until March 24th, 2023, so that she could summarize the submissions and hear from the court assessors.

The defense and prosecution in the Muhammad Kirumira trial have finished presenting their cases and offering prayers to the judge.

On September 8, 2018, in the Bulenga Wakiso district, Kirumira, the former Buyende District Police Commander, and his female friend Resty Nalinya Mbabazi were shot and killed by unidentified assailants.

At the High Court in Kampala, the trial of Hamza Mwebe and Abubakar Kalungi in relation to the double homicide began last year. But, Lady Justice Margrate Mutonyi found Mwebe not guilty in December after the prosecution failed to prove its case. But she decided Kalungi had a case to answer, so she put him on the defense.

Following the conclusion of the defense's hearing last month, the court on Monday heard the prosecution's Thomas Jatiko and the defense's Zefania Zimbe's closing arguments. Jatiko urged the court to use the available evidence to convict Kalungi of two murders.

According to Kalungi's alleged Charge and Caution statement, in which he accused himself of taking part in the killings, he made the remark in question. Additionally, he claimed that Kalungi had admitted to his mother that he had strayed after being picked up by his pals Mwebe and Abdu Kateregga, who were killed by security, when he was transported to her home.

He referred to the Charge and Caution statement said to have been made by Kalungi in which, he implicated himself as having participated in the murders. He further said that Kalungi had revealed to his mother, when, he was taken to her house, that his friends Mwebe and Abdu Kateregga who was killed by security had strayed him. 

The prosecution claims that Kalungi alerted the assassins who ultimately killed him and Mbabazi of how he had been hired to follow Kirumira, which he did. Security took Kalungi to his mother's house in Mpigi to investigate the residence where he is said to have spent the night after taking part in the double homicide. The evidence that Kalungi had phoned Kateregga—who is said to have pulled the trigger when the crime was committed—was also used by the prosecution. Based on call logs obtained from Airtel Uganda, this was said.

On behalf of his client, attorney Zimbe pleaded with the jury to acquit him because the prosecution's evidence contradicted itself, failed to locate him at the site of the incident, and was based on improper charges and caution statements. Regarding the claim that Kalungi was not present at the scene of the crime, Zimbe argued that the eyewitness testimony provided by the prosecution did not identify the assailants other than the observation of two motorcycles carrying passengers.

On the subject of inconsistencies, he cited a number of examples, including the fact that one police officer claimed the motorcycles were sport bikes while the other claimed they were TVS, and that the prosecution's eye witness claimed the shooters fled through the Bulaga, Mityana side while two police officers testified that they fled via Busega, Kyengera Nsangi after carrying out the killings.

According to Zimbe, the charge and caution statement purportedly prepared by police officer Stephen Wolimbwa was missing the obligatory caution, and as a result, the accused individual wasn't warned prior to the supposed statement's making. Also, (Wolimbwa) stated in his testimony that he did not explain the meaning of the statement to the defendant.

Zimbe further informed the court that his client had been forced to sign other documents after being tortured, and that this declaration might be one of them. He quoted the doctor who examined Kalungi in his report, Dr. Santos Ojara, who detected injuries on the suspect's forehead, lower lip, and back.

Less than a week before to the assessment, the doctor said in his report, the injuries had been sustained. The doctor performed the examination and provided a report on October 2, 2018, whereas the Charge and Caution Statement was made on September 29.

“This means by the time he made the Charge and Caution Statement, he had been tortured and coerced to write his name, and sign documents that could include the Statement. Look at the Charge and Caution Statement to see how the name was written. It shows that the writer was either illiterate or his hands were handcuffed” argued the defense lawyer. 

State Attorney Thomas Jatiko responded by dismissing the aforementioned discrepancies as insignificant and adding that the charge and caution statement were submitted to the court and accepted, and that the court would not accept any evidence of the accused being tortured.

In regards to locating the accused at the scene of the crime, he claims the phone logs showed that he was close by when the murder was committed. Margrate Mutonyi, the presiding judge, postponed the case until March 24th, 2023, so that she could summarize the submissions and hear from the court assessors.

The defense and prosecution in the Muhammad Kirumira trial have finished presenting their cases and offering prayers to the judge.

On September 8, 2018, in the Bulenga Wakiso district, Kirumira, the former Buyende District Police Commander, and his female friend Resty Nalinya Mbabazi were shot and killed by unidentified assailants.

At the High Court in Kampala, the trial of Hamza Mwebe and Abubakar Kalungi in relation to the double homicide began last year. But, Lady Justice Margrate Mutonyi found Mwebe not guilty in December after the prosecution failed to prove its case. But she decided Kalungi had a case to answer, so she put him on the defense.

Following the conclusion of the defense's hearing last month, the court on Monday heard the prosecution's Thomas Jatiko and the defense's Zefania Zimbe's closing arguments. Jatiko urged the court to use the available evidence to convict Kalungi of two murders.

According to Kalungi's alleged Charge and Caution statement, in which he accused himself of taking part in the killings, he made the remark in question. Additionally, he claimed that Kalungi had admitted to his mother that he had strayed after being picked up by his pals Mwebe and Abdu Kateregga, who were killed by security, when he was transported to her home.

He referred to the Charge and Caution statement said to have been made by Kalungi in which, he implicated himself as having participated in the murders. He further said that Kalungi had revealed to his mother, when, he was taken to her house, that his friends Mwebe and Abdu Kateregga who was killed by security had strayed him. 

The prosecution claims that Kalungi alerted the assassins who ultimately killed him and Mbabazi of how he had been hired to follow Kirumira, which he did. Security took Kalungi to his mother's house in Mpigi to investigate the residence where he is said to have spent the night after taking part in the double homicide. The evidence that Kalungi had phoned Kateregga—who is said to have pulled the trigger when the crime was committed—was also used by the prosecution. Based on call logs obtained from Airtel Uganda, this was said.

On behalf of his client, attorney Zimbe pleaded with the jury to acquit him because the prosecution's evidence contradicted itself, failed to locate him at the site of the incident, and was based on improper charges and caution statements. Regarding the claim that Kalungi was not present at the scene of the crime, Zimbe argued that the eyewitness testimony provided by the prosecution did not identify the assailants other than the observation of two motorcycles carrying passengers.

On the subject of inconsistencies, he cited a number of examples, including the fact that one police officer claimed the motorcycles were sport bikes while the other claimed they were TVS, and that the prosecution's eye witness claimed the shooters fled through the Bulaga, Mityana side while two police officers testified that they fled via Busega, Kyengera Nsangi after carrying out the killings.

According to Zimbe, the charge and caution statement purportedly prepared by police officer Stephen Wolimbwa was missing the obligatory caution, and as a result, the accused individual wasn't warned prior to the supposed statement's making. Also, (Wolimbwa) stated in his testimony that he did not explain the meaning of the statement to the defendant.

Zimbe further informed the court that his client had been forced to sign other documents after being tortured, and that this declaration might be one of them. He quoted the doctor who examined Kalungi in his report, Dr. Santos Ojara, who detected injuries on the suspect's forehead, lower lip, and back.

Less than a week before to the assessment, the doctor said in his report, the injuries had been sustained. The doctor performed the examination and provided a report on October 2, 2018, whereas the Charge and Caution Statement was made on September 29.

“This means by the time he made the Charge and Caution Statement, he had been tortured and coerced to write his name, and sign documents that could include the Statement. Look at the Charge and Caution Statement to see how the name was written. It shows that the writer was either illiterate or his hands were handcuffed” argued the defense lawyer. 

State Attorney Thomas Jatiko responded by dismissing the aforementioned discrepancies as insignificant and adding that the charge and caution statement were submitted to the court and accepted, and that the court would not accept any evidence of the accused being tortured.

In regards to locating the accused at the scene of the crime, he claims the phone logs showed that he was close by when the murder was committed. Margrate Mutonyi, the presiding judge, postponed the case until March 24th, 2023, so that she could summarize the submissions and hear from the court assessors.

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