The defence lawyers representing Jackie Uwera Nsenga in a case where she is accused of killing her husband and Kampala businessman Juvenal Nsenga in 2013 have Wednesday told court that the matter before court is not in relation to murder of the deceased but rather a wrangle for property between the accused and the deceased’s relatives.
Prosecution alleges that Uwera, adiposity medications http://chrisbevingtonorganisation.com/wp-content/plugins/download-monitor/includes/class-dlm-post-type-manager.php on January 10 2013, http://clearwatercommunities.com/wp-admin/includes/ms-deprecated.php at her matrimonial home in Bugolobi, Kampala, murdered her husband Juvenal Nsenga contrary to section 218 and 219 of the penal code act.
Uwera denied the charges, saying she did not have intent to take her husband’s precious life.
In a rejoinder at High Court on Wednesday morning, the lawyers led by Nsubuga Mubiru told court that basing on Nsenga’s last words before passing away as evidenced by the deceased’s brothers, the relatives never reported this to police in statements they made.
The defence lawyers told court presided over by Justice Duncan Gaswaga they first reported the matter of death to police on January 11, 2013 where Nsenga’s alleged statements that he did not trust his wife were not recorded.
Nsubuga told court that if the so-called ‘dying declaration’ was made by the deceased, it ought to have been reported to police even before the traffic report was made about the incident.
“A ‘dying declaration’ before being relied on in court must be reliably verified and in fact it must be evidence of the weakest point. There were many nurses in the hospital room when it was being uttered but why is it that none of them was summoned to testify before court?” Mubiru wondered.
For starters, a ‘dying declaration’ is defined as a statement made by a declarant, who is now unavailable, who made the statement under a belief of certain or impending death, and the statement concerns the causes or circumstances of impending death.
A dying declaration is admissible as an exception to the hearsay rule in any criminal homicide case or a civil case.
Mubiru argued that the statements by the deceased can’t qualify as a dying declaration in this case.
The defence lawyers further blamed the prosecution for not summoning the Deputy CIID in charge of crimes Godfrey Musana as one of their witnesses considering that he was the lead investigator in the case who visited the scene of crime, reconstructed it and also recorded statements from the gateman of the nearby house and house maid who helped the accused put the victim into the car before being rushed to hospital and therefore was in position to tell what had happened.
“In their report as the investigation team led by Musana, they advised that there was no way murder charges could be slapped against the accused. That’s why the prosecution didn’t summon him (Musana) as one of their witnesses because he had already said it in his report that it was not a murder case,” Mubiru told court.
According to Mubiru, there was no way the killer car could have attained the speed of between 40 and 61 km/hr as alleged by the structural engineer who testified before and blamed the prosecution for disregarding other engineers who were part of the investigation team including the mechanical and traffic engineers.
“According to other engineers who were left out by the prosecution, if the car was parked two or one metre from the gate, the highest speed it could attain was between 10 and 15km/hr and not the one stated by the structural engineer.”
The defence lawyers told court that it was not a murder case but rather a wrangle for the deceased’s property, quoting the accused who in her statement told court that soon after burial she was approached by the deceased’s father Donati Kananura on matters regarding the administration of Nsenga’s estate and property estimated at Shs50bn.
“While in protective custody, the accused learnt of an application in the papers by Donati Kananura seeking letters of administration for the deceased’s property and therefore through her lawyers she put a caveat on the property,” said Nsubuga.
“However around that period, pressure came from the relatives that she should be charged for murder to facilitate them get letters of administration of the property and the charges could only be dropped in turn if she removed the caveat on the deceased’s property,” the defence lawyers told court.
“Donati in the application for letters of administration was not doing it on behalf of Katrako Company but rather on his own.”
On the malice aforethought in causing the death of her husband, the defence lawyers told court that the accused doesn’t know what happened and could not be blamed for intending to kill her husband.
They told court that unintended acceleration is known to be in existence in Toyota cars, stressing modern cars have computer systems, adding, unintended acceleration was due to some fault in the computer software of the car.
“It was a pure accident and the accused didn’t have any unlawful act in the events that happened on the fateful day because she did her best to save the life of her husband by driving him to the hospital,” said Nsubuga.
“This shows there was no way she was the author of the crime and therefore the murder charges against him are initiated by the deceased’s relatives because of the property wrangles they have with her.”
The High court judge Duncan Gaswaga has adjourned the case to Monday August 4 for court assessors to give their observation.
Local musician, buy http://circleofliferediscovery.com/blog/wp-content/plugins/jetpack/3.2.1/functions.gallery.php Robert Kyagulanyi alias Bobi Wine has come out to refute media reports that have been circulating that he was campaigning for the murder of all homosexuals in Uganda.
He took to Facebook a few hours ago to deny the claims which saw some gay activists propose that he be banned from performing in the UK calling it sheer misinterpretation of his words and the law.
“It’s a misinterpretation to say that Uganda wants to kill homosexuals because the biggest sanction for the offenders (aggravated homosexuality with a minor where the offender is HIV positive) is life imprisonment and not death, http://cupidfemalecondoms.com/wp-admin/includes/class-wp-users-list-table.php ” Bobi Wine said.
Bobi Wine also assured everyone that regardless of what these reports say, he was not out to put any homosexual’s life in danger though he just does not approve of homosexuality practices.
“I am personally not out to threaten the life of any individual based on their sexual orientation, I just DO NOT agree with them. This is my opinion and happens to be that of 99% of Ugandans/Africans basing on our culture, religion and constitution,” he added.
He continued to say that as a role model in the country, he is expected to air out his opinion that is not manipulated by sycophancy, fear or favor.
He also noted that the gay rights activists should allow him his right to express his opinion much as they may not be comfortable with it.