MASAKA — The High Court in Masaka has acquitted two men who had been on trial for allegedly setting fire to a dormitory at St Bernard Secondary School, Manya in Rakai District, in an incident that claimed the lives of 10 students in 2018.
Alex Mugarura and Edison Niyo, also known as Edie, were facing more than 48 charges, including 10 counts of murder, 36 counts of attempted murder, arson and attempted arson.
The court ruled that the prosecution had failed to prove beyond reasonable doubt that the two men participated in the fire that destroyed the school dormitory on November 11, 2018.
In a lengthy ruling, Justice Victoria Nakintu Katamba said the prosecution case largely relied on suspicion and circumstantial evidence that did not establish a direct link between the accused and the scene of the fire.
Justice Katamba said although the prosecution had proved that the students died as a result of an unlawful act, with fire established as the cause of death, it failed to prove that Mugarura and Niyo were responsible for the incident.
The judge also rejected attempts to rely on Mugarura’s disciplinary history as evidence of his involvement in the fire.
She said his previous suspension from the school and the suspicion that arose from it could not be used as a substitute for evidence proving beyond reasonable doubt that he participated in the arson.
According to Justice Katamba, the circumstantial evidence presented by the prosecution did not form an unbroken chain linking the two accused to the scene at the material time.
The judge said she was in agreement with the opinions of the two assessors, who had earlier concluded in September that the prosecution had failed to produce substantive evidence implicating the accused on the charges.
“I therefore find that the prosecution failed to prove its case against the accused persons. Accordingly, the accused persons Alex Mugarura and Niyo Edison are found not guilty and acquitted on all counts. Unless otherwise, they shall be released if they don’t have any other case,” Justice Katamba ruled.
The prosecution had alleged that Mugarura, Niyo and other suspects still at large were responsible for the fire at St Bernard’s Secondary School, Manya, which killed Remigius Tamale and nine other students.
Following the ruling, the judge ordered that Mugarura and Niyo be released unless they were being held on other charges.
Defence Welcomes Ruling
Defence lawyer Sam Ssekyewa welcomed the acquittal, saying his clients had finally received justice after spending nearly eight years dealing with the case.
Ssekyewa, however, said the ruling also raised questions about the investigation into the deaths of the 10 students and called for justice for their families.
He questioned why police had failed to conduct investigations capable of identifying and prosecuting those responsible for the fire.
According to Ssekyewa, several pieces of evidence that could have helped establish a connection between the accused and the crime were never presented before court.
He cited shoes belonging to one of the accused, which investigators allegedly said contained soil samples similar to soil found at the scene.
“All the 16 witnesses presented, no one could place the suspects at the crime scene. As the court ruled, we kept asking for the connection between the suspects and the crime scene, but it was not presented. The would-be key witnesses and evidence were not presented,” Ssekyewa said.
He said that in the absence of such evidence, the court could not find that the prosecution had proved beyond reasonable doubt that his clients participated in the burning of the school.
Ssekyewa added that the defence team would help the two men access social and psychological support as they return to their communities after spending years on remand.
Two Others Previously Acquitted
Mugarura and Niyo were not the only people initially implicated in the case.
The court had earlier acquitted their co-accused, Taremwa Henry and Kisule Dickson.
Kisule was acquitted after the court established that he was already in police custody at the time of the fire. He had reportedly been arrested after being found at the school compound following his suspension.
Taremwa, meanwhile, was acquitted after the court considered his age at the time of his arrest and the period he had spent on remand, which exceeded the period a juvenile could serve if convicted.
The parents of the two men applauded the court and their lawyers for helping secure their release.
A mother of Niyo said the case had profoundly affected her son and family, noting that he had lost his job while Mugarura’s education had also been disrupted.
“It’s just eight days to make it eight years. When these people are falsely accused of torching the school dormitory, their lives are messed up. Edison lost his job and his family was distracted, while Mugarura lost his education. All of this is hard to stomach, but we are going to support them now that they have finally got their freedom,” she said.
The acquittal brings to an end the prosecution of the two men over the 2018 school fire, although the circumstances surrounding the deaths of the 10 students remain a matter of concern for their families and the wider community.
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