Reported by Elijah Igo
Two assessors in the Kirumira murder case have asked Justice Margaret Mutonyi to acquit Abubaker Kalungi, the suspect in the murder of former Buyende District Police Commander, Muhammad Kirumira and his friend Resty Nalinya Mbabazi.
The assessors stated that the prosecution had proven three out of four ingredients of murder, namely, that there was death, the death was unlawful, and there was an ill intention or malice aforethought but had failed to prove that Kalungi participated in the crime. They also raised concern that the charge and caution statement (admission) was extracted from Kalungu by use of torture. As a result, Jackline Nafula and Jackline Nabufu asked the court to find Kalungi innocent and acquit him of the murder charges.
In criminal law, assessors are persons appointed to advise the judge on whether to convict or acquittal an accused person. The assessors’ opinions are not binding on the judge but where the judge doesn’t conform to the opinions of the majority of assessors, he or she is required to give reasons for departing from their opinions.
Kirumira was on September 8th 2018 shot dead with his female friend Resty Nalinya Mbabazi in Bulenga, Wakiso district. A one Hamza Mwebe was also arrested and charged in connection with the murder, but he was acquitted in December 2022 after the prosecution failed to prove his involvement. Justice Margaret Mutonyi adjourned the case to April 24, 2023, when she will deliver her judgment.
