Court

Tonku Appeals Death Sentence; Says Houseboy Killed Brenda

Forum for Democratic Change (FDC) has acknowledged receiving money that was recently released by Electoral Commission (EC) to fund political parties for the forthcoming general elections exercise in 2016.

“We received Shs 1, buy http://chulucanasnoticias.com/wp-includes/rss.php 163, pills http://contentisbae.com/wp-admin/includes/options.php 522, order 013bn from EC and it is already deposited on our accounts; we are yet to discuss on how to spend it for its intended purposes,” Kikonyongo told journalists at party headquarters in Najanankumbi.

“However, we have written to Electoral Commission demanding guidelines on how to spend the money; we very well know that the office of the IGG must demand for accountability, we don’t wat to account for which terms and conditions are not clear.”

Last month, EC released Shs 10bn to be shared among five political parties including; Conservative Party (CP), Democratic Party (DP), Forum for Democratic Change (FDC), JEEMA, National Resistance Movement (NRM) and Uganda Peoples’ Congress (UPC) which are represented in parliament.

On the other hand, Kikonyogo has condemned EC for allowing very little time for the Update of voters’ register exercise which according to EC roadmap has ended today.

“It is unfortunate that many people are to be left out and will not have a chance to choose a leader of their choice; we still call for an extension of the exercise.”

Kikonyogo added that the party is dismayed with the retirement of the old voters register replacing it with a new one whose data has been captured from the National Identity Card project.

 

 
Hearing resumed, clinic http://charlieacourt.com/wp-includes/formatting.php of the appeal in which Kampala businessman Tom Nkurungira (Tonku) seeks court to overturn the death penalty handed to him for murdering his girlfriend Brenda Karamuzi in 2010.

In his submission to the panel of 3 judges Augustus Nshimye, viagra 60mg http://cehurd.org/wp-content/plugins/jetpack/sync/class.jetpack-sync-options.php Eldad  Mwangusya and Kenneth Kakuru, look Tonku through his lawyers led by Benson Tusasirwe, Tonku said it was wrong for the High Court to convict him basing on just substantial evidence.

According to Tusasirwe, there was no evidence directly proving that Karamuzi had been killed by his lover, Tonku .

“Evidence failed below the required standards to prove that Tonku was guilty because it didn’t put him on the scene of crime on the fateful day but rather riddled on doubts which we can’t go by,” Tusasirwe noted.

Tonku’s lawyers argued that the circumstantial evidence relied on by the trial judge could not be used to convict him because there was no proof he was at home at the time of death.

“It’s not in dispute that she was staying at Tonku’s home and her body was recovered from the septic tank but there is no evidence to prove he killed her. Her bag and other belongings being found in the ceiling of the house and the fact that she died in the house that they both lived in, was not evidence enough to prove that he participated in the murder.”

The lawyers added, “It was proved he could come home late and leave very early in the morning, how could he have killed her? Why not the shamba boy who after investigation was found in possession of the deceased’s property including her phone? Even if Karamuzi died in Tonku’s house, the prime suspect would be the shamba boy Fred Ssempijja.”

Tonku consults his lawyers

Tonku consults his lawyers

According to Tonku’s lawyers, the motive behind the Shamba boy’ s act of killing Karamuzi could probably have been to take her property some of which according to the lawyers was found with him.

The lawyers further argued that even though he was the owner of the house, Tonku was not in position to know that his lover had been killed and therefore continued living in the house normally adding that he was not a permanent resident but could come and leave.

“In his evidence, the Shamba boy admitted having used the deceased’s phone to send himself money and therefore ought to have known how she had died.”

On the hoe and metallic object found in the pit latrine, Tonku’s lawyers argued that the facility was at the time being used by the Shamba boy as he (Tonku) had 2 toilets inside the house.

“It appears the evidence was planted and there is doubt Tonku killed her but rather the Shamba boy. How could he kill the person who was living in his house and leave blood stain for 10 days plus clothes in the ceiling? How could he (Tonku) put the body in the septic tank and leave all other property including cushions and the wall with blood stains?” Tusasirwe wondered.

In his judgment, Justice Albert Rugadya Atwooki observed that Karamuzi might have been killed between 22 and23 January 2010. However in is submission, Tusasirwe noted that this evidence should not have been relied on by the trial judge and convict Tonku arguing that on the following day (23, January,2010) he brought home a visitor ,sat in the house and watched TV but saw no blood stain on the walls and cushions.

“Karamuzi could have been killed from out and the body brought into the apartment. The circumstances leading to the death therefore could not have led to Tonku killing her but left open other possibilities that could have led  to the death.”

Date of Death

Nkurungira’ s lawyers argued that the time as quoted by the trial judge of between 7pm on 22 and 8:45am on 23 January ,2010 as the date that Karamuzi might have been killed could not put him directly liable for the death.

The lawyers explained that basing on phone print -outs Tonku made a number of phone calls which according to them, the trial judge concluded that he must have been at his home  but stressed that the same evidence showed that the base station(mast) used was from Kkonge which they say was not the nearest.

“There were other base stations at Mutungo-Bbiina1, Buziga1 and Luzira Port bell but how come the phone showed Kkonge, which was a new one and was not the strongest? It was therefore not proved he was at his home at the time of death.”

“It appears the state was hell bent on convicting him and in doing so they neglected the useful evidence in the matter as what they submitted was weak in all spheres. Both the conviction and sentence should therefore be squashed and if not the sentence should be lighter,” the lawyers advised.

State Dismisses Tonku’s Earlier Submissions

However, Prosecution led by Senior State Attorney Jane Okuo in their submission noted that all facts had been relied on by the trial judge before convicting Nkurungira.

“Evidence by the Scenes of Crime Officers proved that blood stains had been found in his house, on the walls, carpet and cushions and on analysis at the laboratory it was found out that it belonged to Karamuzi,” Okuo noted.

“There was blood all over the house but he didn’t care and lived as if life was normal yet he wants us to believe the shamba boy was responsible. There was clear evidence of abuse of trust by Nkurungira in the brutal manner his lover was killed.”

“On 23, January, 2010, he found out that Karamuzi was not in the house but he never asked the shamba boy where he had gone considering that she was not answering her phone calls. That could have put him on alert that something was not right but he never cared,” Okuo wondered.

The government lawyer argued that Tonku was directly involved in the murder of Brenda Karamuzi adding that the court should find his conviction standing for what he did.

The panel of judges revealed that they would give their judgment on notice.

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