The hearing of an appeal against two people convicted for the murder of former Kampala businessman Eria Ssebunya Bugembe, alias Kasiwukira, has failed to take off before the Supreme Court.
The Court, presided over by five Justices led by Professor Lillian Tibatemwa Ekirikubinza, heard that the reason for not proceeding with the hearing of the case was caused by prison authorities’ inability to transfer one of the appellants, Police Constable Jaden Ashiraf, from Bugungu to Luzira prison.
Mike Chibita, Stephen Musota, Monica Mugenyi and Percy Night Tuhaise appeared online.
On Thursday, Assistant Superintendent of Prisons Timothy Tamale told the Supreme Court that due to security concerns and understaffing issues, Prisons was unable to affect the transfer of Jaden to Luzira prison.
Tamale then asked for at least one week to allow the prison officers to work out a security plan on how to transfer and escort him to Luzira prison.
As a result, Jaden attended the court session via Zoom, however, the Justices have declined the request.
Instead, the court ordered the Supreme Court Registrar to facilitate Jayden’s lawyer, Andrew Ssebugwawo, to visit Bugungu prison by next week.
This, they said, is necessary for Ssebugwawo to meet with Jaden and receive formal instructions to handle the appeal.
Jaden, a former police officer from Mayuge Community police, and his co-convict Sandrah Nakungu, who is serving a 20-year jail sentence for her in-laws’ murder, are appealing their convictions.
The court has further ordered that Jaden’s lawyer and the State Attorney, Sam Oola, each file written submissions on which the court should base its judgment to be delivered on notice.
During the court session, Jaden followed proceedings via Zoom, while Nakungu was present in court.
In 2016, the late High Court Judge Wilson Masalu Musene convicted Nakungu and Jaden for murder because they had exhibited intentions of murdering the businessman.
During the trial prosecution presented to the court video footage showing that Jaden had attempted to kill Kasiwukira on two different occasions without succeeding.
Justice Musene also established that Nakungu owned the vehicle that Jaden used to knock Kasiwukira. He subsequently sentenced the duo to 20 years in Luzira Prison for murder.
He acquitted Kasiwukira’s widow, Sarah Nabikol,o because “her name was never mentioned anywhere in the video clip that was presented to court about the alleged plot to kill Kasiwukira, even though a State Witness, Richard Byamukama, implicated her for financing the attack on her husband.
However, Justice Musene noted that the third person in the video clip was only referred to as ‘Madam’ without any specific mention about Nabikolo.
As a result, Nakungu and Jaden appealed their convictions and sentences in the Court of Appeal, but they were upheld. The DPP also appealed the acquittal of the widow, but she also lost.
Dissatisfied with the decision of the Court of Appeal, Nakungu and Jaden appealed to the Supreme Court, hence the matter that came for hearing today.
The convicts argue that Justice Musene convicted them on defective charges, denied them a chance to present their witnesses, thereby denying them their constitutional right and entitlement to a fair trial, an illegality they say was upheld by the Court of Appeal.
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