Two brothers who are also soldiers in the Uganda Peoples’ Defence Forces (UPDF) have been found guilty of killing a mobile money agent.
The General Court Martial (GCM) chaired by Brig. Gen. Freeman Robert Mugabe on Tuesday, July 23, 2024, found Private Julius Kisuule and Private David Kisuule guilty of killing Evelyn Nantale at Kamwamu Zone in Kiyindi town council, Buikwe district.
Mugabe said the prosecution had proved the case against the accused persons beyond reasonable doubt through the five witnesses.
“This court after evaluating the evidence on record is satisfied that the prosecution proved each of the ingredients of the offence of murder against the accused persons and hereby finds each of the accused guilty of murder, contrary to Section 188 and 189 of the Penal Code Act as charged,” he ruled.
The court agreed with the state prosecutors that the disappearance of the convicts from the scene of crime after the murder incident proves that they committed the offence.
The court chairperson noted that the convicts caused the death of Nantale with malice aforethought.
After evaluating the evidence on record, the court chairperson found that there were no major inconsistencies in the testimony of prosecution witnesses.
Mugabe also rejected David Kisuule’s alibi, saying it was disproved and cannot stand. Alibi is a defence to a criminal charge, alleging that the accused was somewhere other than at the scene of the crime at the time it occurred.
The convict (David Kisuule) had claimed that on the alleged date of the murder, he spent the whole day at home and never went anywhere.
He stated that on January 15, 2020, while watching news on TV at 7:00pm, he received a call from a Police officer who told him that they had arrested a person, who said knew him.
David Kisuule purported that this prompted him to board a vehicle the next day to go to Lugazi Police Station, where he was detained.
During the hearing of the case, Assistant Superintendent of Police Afsa Ninkunda testified that on January 9, 2020, at around 8:30am she heard gunshots and rushed to the scene of crime where she saw a mob with one suspect (Julius Kisuule) who was bleeding.
She said the suspect was rescued from the mob and taken to the Police. While at Police, Julius Kisuule confessed to shooting Nantale and also disclosed that his brother David Kisuule ran away with the gun after the shooting incident.