The High Court in Kampala has ordered socialite Charles Olimu alias Sipapa and his wife, Shamira Namuyimba, to defend themselves against charges of aggravated robbery and money laundering after finding that the prosecution had established a prima facie case against them.
Justice Michael Elubu, in a ruling delivered on Monday, said the evidence presented by the prosecution was sufficient to require both accused persons to enter their defence.
‘Accordingly, both accused persons are called upon to enter their defence,’ Justice Elubu ruled.
Sipapa and Namuyimba are jointly indicted on five counts of aggravated robbery, while Sipapa faces an additional six counts of money laundering, two of which he is jointly charged with Namuyimba.
The couple pleaded not guilty to the charges.
The prosecution subsequently called 23 witnesses before closing its case.
Justice Elubu said that at the close of the prosecution case, the court was required to determine whether a prima facie case had been established against the accused persons.
The judge cited the decision in Ramanlal T. Bhatt vs R (1957), which defines a prima facie case as one upon which a properly directed court could convict if no explanation is offered by the defence.
He also referred to the Court of Appeal decision in Kato Kajubi vs Uganda, which held that a prima facie case is established where a reasonable tribunal might convict on the evidence so far presented.
Justice Elubu emphasised that the finding did not mean the prosecution had proved the case beyond reasonable doubt.
‘I have carefully considered the law governing the offences of Aggravated Robbery and Money Laundering. I have related the evidence adduced by the prosecution to this law, particularly the elements. It is my finding that the evidence adduced at this stage has established a prima facie case, as defined, against both accused persons,’ the judge said.
The prosecution alleges that on August 29, 2022, the couple robbed cash, jewellery and electronic items from a house in Bunga-Kawuku, Makindye Division, Kampala District.
The victims allegedly lost more than $429,000 (about Shs1.6 billion), alongside laptops and iPhones.
The prosecution further alleges that immediately before or after the robbery, the victims were administered a substance identified as brallobarbital, which rendered them unconscious.
According to the evidence summarised by the court, the victims woke up the following morning to find their house open, with one of the doors having been tampered with and broken to gain entry.
The matter was subsequently reported to police, while the ‘Find My Phone’ application was activated on some of the stolen phones.
The tracking system allegedly led investigators to a house on Kityo Close in Buwate, Kira Division, where Sipapa and Namuyimba lived together.
Police searched the house in the presence of Namuyimba, who was there when the officers arrived. Several of the stolen phones and laptops were allegedly recovered from the house, alongside cash and motor vehicles.
The prosecution also presented evidence that fingerprints lifted from an envelope recovered at the alleged robbery scene matched those of Sipapa.
The court heard that Sipapa was not at the house when police conducted the search but was later arrested, while Namuyimba was arrested following the search.
The judge said the final judgment would give detailed reasons for the decision.