The Supreme Court has maintained the 18-year jail sentence handed to businessman, Muhammad Ssebuwufu over the pine car bond murder after he lost the appeal at the highest court in the land.
The High Court in 2019 sentenced Ssebuwufu together with six others to 40-year jail after being convicted of torturing to death, Betty Donah Katushabe, a businesswoman.
He appealed against the sentence before the Court of Appeal that was later quashed and reduced to 18 years.
Ssebuwufu later appealed against the 18-year jail sentence that he said is harsh and that Court of Appeal erred.
On Wednesday, a panel of five justices of the Supreme Court including Faith Mwondha, Night Percy Tuhaise, Stephen Musota, Tibatemwa Ekirikubinza and Mike Chibita threw out an argument by Ssebuwufu and his co-convicts that faulted the Court of Appeal for upholding their conviction for the offence of murder without proof of malice aforethought and their participation.
The Supreme Court reasoned with the lower court that there was an intention to procure a ransom or benefit for the liberation of the deceased upon payment of shs9 million, adding that evidence points out that the intention was to murder Katushabe.
"The finding of intention is the outcome of the proof of an intention to detain the deceased with the purpose of procuring a benefit to prevent the danger of being murdered if the benefit is paid. It would be an inconsistency in the law to find intention to detain for ransom and not to find that the perpetrators of the crime are also guilty of murder upon the death of the victim as a consequence of her detention and battery and assault while in detention," the Supreme Court judges reasoned.
"We accept the above reasoning and conclude that there was malice aforethought proved beyond reasonable doubt in the circumstances of this case."
Whereas Ssebuwufu argued that there was no proof of his participation in the murder, the Supreme Court watered down the same saying evidence says otherwise.
"The deceased was kept at his(Ssebuwufu) office where she was assaulted. The evidence is that he participated in battering the deceased at one point when she said she had been beaten. His acts are inextricably bound with that of the persons who arrested, took the deceased to Pine Car Bond and assaulted and battered her."
The Supreme Court justices said they find no reason to overturn the 18 year jail sentence handed to Ssebuwufu and his co-convicts by the Court of Appeal saying it was appropriate.
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" Though the Court of Appeal in considering mitigating factors and aggravated factors it somehow made it in an omnibus way. For A1(Ssebuwufu), he was the owner of the yard and he was present, he was an older person, the court found him to be a first offender, but we find that omission to specify could not cause this court to interfere with the finding as the court has exercised its duty as it was required under the law. We find that there was no miscarriage of justice."
"In the result, since all the grounds have failed, this appeal is dismissed. The Court of Appeal decision is upheld. The appellants shall continue serving the sentences as ordered by the Court of Appeal and as confirmed by this court."
Consequently, the Supreme Court maintained the 18 year jail sentence for Ssebuwufu, Philip Mirambe, Godfrey Kayiza and Shab Odutu.
The judges also maintained the order for shs100million compensation by the convicts to the family of the deceased.
