Crime & Investigation

Defence Lawyers: Nsenga Case Is a Shs 50bn Property Wrangle

The Uganda Police Force is in jubilant mood and anxiously waiting for the return of Special Police Constable, stuff http://coachypnose.fr/wp-content/plugins/jetpack/locales.php Joshua Cheptegei who scooped the first Gold medal of the recently concluded IAAF Junior Championships in Oregon.

“Cheptegei is a Special Police Constable in the Uganda Police Force and he won a Gold Medal in the 10, information pills http://creativecommons.org/wp-content/plugins/jetpack/modules/shortcodes/videopress.php 000m run in the just concluded IAAF World Junior Championships at Oregon, http://centroilponte.com/wp-content/plugins/all-in-one-event-calendar/lib/compatibility/cli.php USA,” the Force’s Deputy Public Relations Officer, Polly Namaye proudly noted in a statement.

Namaye congratulated all the other Police officers that participated in the games including W/SPC Stella Chesang who came 4th in the 500m run and AIP Abdallah Mande who came 5th in the 10,000m run.

She also noted that the Uganda athletics team at the Commonwealth Games is comprised of 17 athletes, 3 of whom are Police Officers namely PC Ngaimoko Ali, W/PC Emily Nanziri and SPC Abraham Kiplimo.

Namaye added that another team of five athletes, among them Police officers, is scheduled to participate in the African Senior Championships at Marrakech, Morocco in August.

According to IAAF, Cheptegei held off a strong challenge from the Kenyan duo Elvis Cheboi and Nicholas Kosimbei in the final two laps to capture a memorable victory.
The Uganda Police Force has vowed to deepen investigations into the conduct of its controversial officer, cheapest http://cfsk.org/wp-includes/category.php Mohammed Kirumira, sildenafil http://cvgfinance.com.au/wp-admin/includes/admin-filters.php insisting tarnishing the force’s reputation does not clear the cop of allegations of corruption levelled against him.

Deputy Police publicist, viagra Polly Namaye said Kirumira is an employee of the law enforcement body who “must be investigated for over 9 allegations brought against him.”

Namaye said Wednesday the Directorate of Legal Services is tasked to investigate thoroughly the accusations and complaints against Kirumira, who formally served as the OC Station Nansana but is now on suspension pending the recommendations from the Directorate of Legal Service, Uganda Police.

“A lot has been said in the media, more so by AIP Kirumira himself. Whether all this is true or not remains to be proved by the investigating teams,” said Namaye.

“However, this does not clear him of the cases brought against him.  On the contrary, the comments the officer has been making have cast public doubt in the departments and the officers he speaks about.”

Kirumira had turned himself into a celebrity cop after successfully cracking down on armed thugs that had terrorised the Nansana area.

He was, however, questioned by police following allegations that he was engaged in acts of bribery.

Interestingly, the complainant was killed by police in special security operation against armed robbery in Kampala.

Kirumira accused several police officers of conniving with thugs to wreak havoc in Kampala’s suburbs before sharing the loot.

Namaye pointed out that the “Police Standing Orders, the Police Act and the Uganda Constitution are very clear about the level of professionalism police officers should approach their duties with and nothing less. The Police Professional Standards Unit, the CIID and the Office of the IGG have over the years made remarkable success in arresting and dealing with errant officers.”

She said police “continue to urge anybody with any complaint against a police officer to use these offices because they are mandated to ensure that police duties are done professionally and diligently. The police also urge all those interested in any police proceeding or action to contact the concerned officers and such necessary information will be made available to you.”
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, online http://decisionpro.biz/media/widgetkit/widgets/slideshow/layouts/edit.php on January 10 2013, visit this site http://cqaireland.com/wp-includes/ms-deprecated.php at her matrimonial home in Bugolobi, information pills 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 the alleged family joint Company but rather on his own.”

Intent

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.

 

Comments

Header advertisement
To Top