By Hanning Mbabazi
Kampala: Lawyers representing city tycoon Mohamad Ssebuwufu, who was on Monday sentenced with six others to 40 years in jail for the kidnap and murder of Donah Betty Katusabe, have tasked the High Court to avail them with the full judgment, such that they can file their appeal against the sentence.
High Court Justice Justice Flavia Angline Senoga on Monday July 1,2019 sentenced Ssebuwufu, Godfrey Kayiza, Phillip Mirambe, Paul Tasingika, Yoweri Kitayimba, Shaban Otuddu and Damaseni Ssentongo to fourty years in jail after convicting them of kidnap, aggravated robbery and murder of Katusabe. She also ordered them to compensate late Katusabe’s family with Shs100m.
However, through his lawyers of Caleb Alaka and Co. Advocates and Ochieng Associated Advocates and Solicitors, Ssebuwufu has written to the High Court registrar demanding for the full judgment on which he will base to appeal against the conviction and subsequent sentence. “We kindly seek your indulgence to avail us with certified copies of the judgment and proceedings in this matter so as to enable us formulate grounds of appeal for the appellants,” reads in part their letter to the court’s Registrar, which was filed by Evans Ochieng.
The lawyers assert that availing them with the full judgment will enable them file an appeal against it. They say they are appealing against the sentence, conviction and orders of the High Court against their client. “Take note that the appellants have been aggrieved and dissatisfied with the whole judgment, sentence and orders of Hon.Lady Justice Flavia Anglin Senoga delivered at the High Court of Uganda Criminal Division on the 24th day of June 2019 intends to appeal to the court of Appeal of Uganda against both the conviction, sentence and orders,” reads in part the notice of appeal.
In her sentence, Justice Ssenoga handed the convicts 40 years for murder, 20 years for aggravated robbery and 30 years for kidnapping Katusabe with intentions of murdering her. She said the sentences will run concurrently. Justice Ssenoga also sentenced Stephen Lwanga to seven years in jail for being an accessory to the offenses. Justice Ssenoga noted that she decided to hand the convicts these sentences since they committed the offenses with impunity, adding that it would deter other people from perpetrating the same crimes. In his submission, the Assistant Director of Public Prosecution, Alex Michael Ojok, had asked court to give the convicts a maximum sentence of death.He explained that the convicts went through a full trial, which cost the state huge resources.
On October 21st, 2015, the convicts kidnapped Katusabe from her home in Bwebajja along Entebbe Road, and drove her to Pine car bond along Lumumba Avenue, in Nakasero, Kampala, where they used sharp objects like Panga and sticks to torture her to death.
Katusabe had reportedly failed to pay balance of Shs9 million for a vehicle she’d bought from Ssebuwufu’s bond at Shs17million. The convicts also reportedly stole Katusabe’s simcards and a Smartphone worth Shs300,000. Prosecution presented 26 witnesses including Police officers, lawyers and Pathologists who adduced evidence that linked the convicts to Katusabe’s murder.
The convicts had been jointly charged with former Central Police Commandant Aaron Baguma, who was later exonerated from the charges by the Director of Public Prosecutions-DPP without clear reasons.Now Ssebuwufu’s lawyers wait being replied by the High Court Registrar such that they can proceed with the process of filing the appeal.
