Justice Alice Komuhangi Khauka from the International Crimes Division of the High Court has issued criminal summons against two suspects who are jointly charged with six others for the murder of former Police Spokesperson, Andrew Felix Kaweesi. Justice Komuhangi issued the criminal summons Thursday when Joshua Kyambadde Magezi alias Abdu Rahaman and Shafiq Kasujja failed to show up for their pretrial hearing.
The other suspects are Yusuf Nyanzi Siraje alias Ssentamu Jimmy, Aramazan Noordin Higenyi alias Taata Abdallazack and Abdurashid Mbazira alias Buyondo Muhammed who are in remand on terror-related charges. Three other suspects on the same file including Yusuf Mugerwa alias Wilson, Bruhan Balyejusa alias Masiga Jimmy Ogutu, and Jibril Kalyango alias Abu Aisha who are out on bail showed up at the court.
The group is accused of shooting to death Kaweesi together with his bodyguard, Kenneth Erau, and driver, Godfrey Mambewa on March 17, 2017, in Kulambiro in Nakawa Division in Kampala. They are also accused of aggravated robbery, terrorism, and aiding and abetting terrorism following the trio’s murder.
When the matter came for a pretrial hearing, Justice Komuhangi conducted a roll call and realized that some of the suspects were absent prompting her to issue criminal summons against them. This was after the defense lawyer Geoffrey Turyamusiima informed the Court that two of the missing suspects were not aware of the proceedings.
He said it was their first time missing court since they were granted bail more than two years ago. On their part, the Prosecution led by State Attorney Marion Ben Bella informed the court that they had already shared with the defense lawyers the evidence they intend to rely on to prosecute the accused persons.
She explained that the evidence includes both documentary and physical exhibits and forms, which have already been filed on the court record. Some of the evidence includes 49 cartridges, two projectiles, five fragments, 18 mobile phones, one dell computer central processing unit, 20 simcards, three memory cards, four airtel sim packs, 18 simcards, four motorcycles, and police vehicle registration number UP4778 in which Kaweesi, Mambewa, and Erau met their death.
However, the defense led by Turyamusiima asked the Court to first dispose of an application in which, the accused persons want the charges against them dismissed on grounds of torture and human rights violations. Turyamusiima said that his clients were tortured in detention at the Chieftaincy of Military Intelligence and it was already confirmed in one decision where Lady Justice Margaret Oumo Oguli ordered that each of the suspects be given 80 million Shillings in compensation for the torture caused to them.
According to Turyamusiima, they need to table that decision before the pretrial Judge because they are hopeful that if the application succeeds, it will dispose of the entire case, saying once torture is confirmed the trial of accused persons is considered null.
As a result, Justice Komuhangi agreed with Turyamusiima and fixed the application for enforcement of the suspect’s rights on October 31st, 2022 for a hearing. She declined to issue a production warrant for the suspects who are in prison, saying that she might not need them on that day. The suspects on remand are being held in relation to the murder of Major Muhammad Kiggundu and his bodyguard Sergent Steven Mukasa, which occurred on November 26th, 2016.
They are also accused of murdering Brenda Nantongo Wamala, the daughter of Works and Transport Minister, General Edward Katumba Wamala, and his driver Sergent Haruna Kayondo on June 1st, 2021. The suspects who were out on bail on the Kaweesi and Kiggundu murder files were rearrested after the Katumba shooting and taken back to Luzira Prison.
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