The defence lawyers in the trial of businessman Mathew Kanyanyumu and his fiancé Cynthia Mumwangari – MacDusman Kabega, Caleb Alaka, and Evans Ochieng – and the Judge Steven Mubiru have expressed mistrust in the way detectives made their investigations.
Kanyamunyu and Mumwangari are accused of killing a child activist, Kenneth Akena in November 2016. However, the two say they just helped Akena whom they found already shot. The prosecution has so far availed 12 witnesses, with Detective Sargent Abula Nifty Felix the latest.
While giving his testimony on Thursday before the High Court, Abula who is attached to Jinja road Police station said that his role in the case was to draw the sketch map of the crime scene.
“On the night of 12, November 2016, I was instructed by the Assistant Superintendent of Police OC CID Agaba to go with DC Haruna Mugisha to proceed and visit the scene of a crime which was opposite UMA showground next to Marrick Bond. My role was to go and sketch the map,” he said.
He added that before he made his sketch drawing, he saw a dark blue Toyota Premio vehicle UAU 725G, parked facing Kampala next to Marrick Car Bond, the driver’s side was open and the glove compartment was open and papers were scattered on the the seat. That is when he started drawing his sketch map.
“I drew the first rough copy of the sketch map with a pencil. A breakdown was brought and the vehicle was towed to Jinja road. On 14th, I went back to the scene and prepared my final copy,” Abula confirmed to the court.
However, during the cross-examination, Abula confused both the lawyers and the judge which prompted them to allude that officers did not professionally conduct most of their duties as it’s supposed to be as far as this case is concerned.
“I want to suggest that you didn’t visit the scene of the crime because your sketch map lacks a lot of things such as traffic island mark and the U-turn, your sketch also lacks distance where the car was and the other permanent features,” said Kabega.
However, Abula insisted that he visited the scene.
His response prompted Justice Mubiru to ask him why he didn’t indicate one of the paramount features on the sketch.
“Please be frank if you omitted some facts. Now, can you tell the court why you didn’t include the distance and some highlights?” Asked Justice Mubiru.
Abula said it was an oversight.
Abula also made another contradiction. At first, he told the court that he had gone to confirm whether the car was at Marrick bond, however, when he was again asked by the judge he said he gone to see the woman who witnessed the incident.
“The impression l am getting is that the sketch was done based on one’s knowledge, not you! So tell the court what was the purpose of visiting the scene for the second time,” Justice Mubiru asked.
“There is a lot of unprofessionalism in the way Police officers conduct investigations. How can you start sketching without knowing what you want in the end? You have presented documents with material differences and have not rectified it. The way police officers conduct their work is too casual yet it would have been 100 per cent professional, this is very disappointing,” said Justice Mubiru.
He added; “After doing your work casually, then you bring them as evidence and you expect us to make justice. This is a disease in the police.”
Abula maintained that it was an oversight, something the Judge rejected.
“You can’t keep telling us ‘oversight’, this was your duty and we are using your documents to find justice,” said Justice Mubiru.
The fate of the trial
The entire trial is bound to suffer a big blow if the judge adjourns it to the next session which is not yet known. Justice Mubiru is a socket judge from Gulu. However, he has spent 40 days handling 40 cases, and his session is expected to end on Friday,February 21. However, Kanyamunyu’s matter is still at a trial stage yet the judge’s stay in Kampala is up.
Prosecution still has two more witnesses and it’s very difficult for them to testify and be cross-examined in one day which is Friday this week.
“My session for this case is over and I may adjourn this trial into another session,” said Justice Mubiru.
However, the prosecutor said, “My Lord adjourning this matter may lead to obstacle of justice in this case, it’s my prayer, my lord, that you give us more days and we finish.”
The defence lawyers refuted the prosecutor’s argument and said that even if the case is done with time he wants or not, justice will be untempered with.
Having had from the two side, he adjourned the court to Friday afternoon where he will either adjourn it to the next session or extends more day to finish the trial.
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