Kirumira Murder Case; Assessors Recommend Acquittal for Sole Suspect Abubaker Kalungi.

The High Court has been advised by two female assessors to acquit Abubaker Kalungi, who is the only person accused of killing the former Buyende district police commander Muhammad Kirumira and his companion Resty Nalinya Mbabazi.

During a court hearing presided over by Justice Margaret Mutonyi, two assessors Jackline Nafula and Jackline Nabufu gave their shared opinion to the defense lawyer, Zephaniah Zimbe, and the prosecution team.

The assessors opined that the prosecution had successfully established three out of four elements of murder, which are the existence of a death, that the death was illegal, and that there was an intention to harm or malice aforethought.

The assessors also pointed out that the fourth element of participation had not been proven. They explained that there was no evidence placing Kalungi at the crime scene. Moreover, the assessors noted that the charge and caution statement, which reportedly contained Kalungi's confession of involvement in the murders, was obtained after he was tortured.

According to Police Form 24, which documented the doctor's examination of Kalungi a few days after he had signed the confession statement, there were apparent bruises and healing wounds on his body. Kalungi maintained his innocence and claimed that he was at work in Ndejje, close to his home, on the day of the murders and spent the night with his family. The assessors thus recommended that the court declare Kalungi not guilty and acquit him of the murder charges.

In Uganda's criminal justice system, assessors are appointed to offer advice to the judge, and their opinion does not have any binding effect on the judge.

During the court session on Monday, Justice Mutonyi provided guidance to the assessors on how to issue their opinion and briefed them on the evidence presented by both the defense and prosecution teams.

Muhammad Kirumira and his female friend were fatally shot in Bulenga, Wakiso district, on September 8, 2018. Hamza Mwebe was also arrested and charged in relation to the case, but he was acquitted in December 2022 due to lack of evidence to prove his involvement. The court has scheduled the delivery of the judgment for April 24, 2023.