Masaka High Court has acquitted four people accused of murdering a Masaka businessman after finding them not guilty.
The acquitted persons, who have been on remand for over four years, include the deceased’s wife, Hanipher Namaganda; Musa Nanseera, the deceased’s brother; Hamis Ddungu, the son; and Godfrey Migadde Mmande, a casual labourer at the deceased’s farm.
Masaka High Court Judge Justice Fatuma Nanziri acquitted the accused on Wednesday after the prosecution failed to prove that they participated in the murder of the late Hajji Erias Ddungu.
In her ruling, Justice Nanziri said that though prosecution proved that Hajj Ddungu, commonly known as Daida, a former resident of Nkuke Village in Buwunga sub-county, Masaka District, and a prominent businessman in the area, was killed, prosecution failed to prove that the accused persons were involved in the murder.
Prosecution alleged that the group on September 2, 2022, participated in the murder of Daida, who was reportedly killed and later hanged in a poultry house at his home.
Justice Nanziri, in her lengthy judgment, stated that the prosecution’s evidence against the quartet was weak; they did not present any witnesses who saw the accused kill Daida.
Prosecution had asked court to rely on the claim that the accused were seen at the crime scene, but it was not convincing because none of the witnesses presented saw them killing the deceased.
“The prosecution has proved that the deceased died and his death was unlawful, and it was done with malice; though it failed to prove beyond reasonable doubt that any of the four accused persons participated in the killing,” she said.
She noted that though the assessors in their joint opinion had asked court to convict the deceased’s wife Namaganda and the casual labourer Migadde, and acquit the deceased’s brother Nanseera and the son Hamis, she partially agreed on the acquittal of Nanseera and Hamis, but disagreed with the conviction of Namaganda and Migadde.
“I find that the prosecution has failed to prove the offence of murder contrary to Sections 188 and 189 of the Penal Code Act, which requires the prosecution to prove beyond reasonable doubt against any of the four accused persons. I accordingly acquit all the accused persons of the offence of murder; they should be set free unless they are held on any other lawful charges,” she ruled.
However, the ruling has attracted mixed reactions, with a section of relatives of the deceased asking the prosecution to appeal, while relatives of the acquitted persons are thankful.
A section of the deceased’s relatives led by Ashiraf Mukasa and Zzalwango Fatuma said they are not satisfied with the ruling because all the evidence presented placed the accused persons at the scene, including evidence of police officers that investigated the matter and the medical report.
“I wonder how such evidence was found by court to be insufficient to convict the accused persons, we are considering asking the state to appeal the ruling,” Mukasa said.
However, the accused persons’ relatives welcomed the ruling, saying they are happy that their colleagues were finally found innocent.
Defence lawyer Pius Kiryowa Kabiswa thanked court for acquitting his clients, saying prosecution failed to provide sufficient evidence.
“We are happy that justice has finally prevailed, after four years. Part of the evidence presented before court showed that the deceased had debts, among other problems that could have prompted him to take his own life, as one of the accused persons told court in her defence. We thank the court for acquitting all the accused persons after finding them innocent,” he said.