New Vision (Kampala)
Hillary Nsambu
3 November 2009
Kampala — Lt. Jonas Ainomugisha, a UPDF officer who had been acquitted of murder by the High Court, has been found guilty of the offence by the Court of Appeal. This followed an appeal against Ainomugisha's acquittal by the Director of Public Prosecutions (DPP).
Ainomugisha, who shot and killed his uncle, John Tibarabihire, had been acquitted by the High Court held in Bushenyi district in April 2003.
"We find that there was overwhelming evidence against the respondent. We shall allow the appeal by the DPP," the court ruled.
After the judgment, Ainomugisha was arrested by the court security personnel and taken to Luzira Maximum Prison.
The Court of Appeal said the trial court had not properly evaluated evidence against Ainomugisha.
On February 9, 2001, a gang of thugs attacked Tibarabihire's home in Mushunga parish, Mitooma sub-county in Bushenyi district and beat him up with his wife and children, demanding money.
Tibarabihire had a protracted dispute over a piece of land with his three brothers, one of whom is the father of Ainomugisha.
Prosecution said one of the brothers withdrew from the case and conceded that the land belonged to Tibarabihire.
The other two brothers colluded with Ainomugisha to kill Tibarabihire. Ainomugisha said at the time of the incident, he was in Gulu.
The defence counsel, Henry Kunya, also argued that the prosecution witnesses could not properly identify their assailants because they were in panic and fear during the attack.
Byansi argued that three members of Tibarabihire's family, who were with him at the time of the attack, identified the army officer whom they knew by sight and voice.
Byansi also said the then Gulu commanding officer had said Ainomugisha left his duty station on February 5, 2001, saying he was going to Nyakahita where Tibarabihire was killed.
Be the first to Write a Comment!
Copyright © 2009 New Vision. All rights reserved. Distributed by AllAfrica Global Media (allAfrica.com).
AllAfrica aggregates and indexes content from over 125 African news organizations, plus more than 200 other sources, who are responsible for their own reporting and views. Articles and commentaries that identify allAfrica.com as the publisher are produced or commissioned by AllAfrica.
