Kagezi murder case: Two lawyers who wanted the court to be changed withdrew

Two lawyers representing the suspects behind the murder of Deputy Director of Public Prosecutions (DPP) Joan Kagezi have withdrawn from the case, citing conflict of interest, among other reasons.

Two lawyers; Ms Sylvia Namawejje and Mr Ail Hassan Kato were initially appointed by the International Crimes Division of the Supreme Court to represent the suspects.

However, when the case came to hearing on November 11, the prosecution, led by Deputy Director of Public Prosecutions Lino Anguzu, told the court that the duo were no longer involved and needed to be replaced.

“Your Honor, Ms. Namawejje and Mr. Kato were appointed pursuant to the State brief, but when I reached them, they said they were unable to represent the suspects for different reasons, including conflict of interest. The defendants have no one. Mr. Anguzu told the court for their personal representation and to inform the court about the course of this case.” “Before informing us, we must first resolve this issue of representation,” he said.

Judge Alice Komuhangi asked the suspects if they had private lawyers of their choice but they all answered in the negative.

The Constitution requires everyone facing the death penalty to have a defense attorney, and whoever cannot afford a private attorney, the government provides them with one, legally known as a State brief.

The four suspects are Daniel Kisekka Kiwanuka, John Kibuuka alias Musa, John Massajjage alias Badru alias Chongo and Nasur Abdallah Mugonole.

During the court session, Mugonole said he was not allowed access to relatives or lawyers in Kigo prison where he is detained.

Justice Komuhangi then ruled: “Given that the defendants did not have lawyers at the special briefing, the deputy registrar will appoint other lawyers for them and there will be a formal communication with the prosecution and the defendants”.

The witnesses include a witch doctor from Kayunga who the state says is a key prosecution witness in the alleged murder case.

According to the state, the witch doctor was identified by Kiwanuka and was found to be being held in prison on suspicion of committing a crime.

“The witch doctor confirmed to investigators that he performed rituals on Kiwanuka, Kibuuka, and Mugonole immediately after the murder of Joan Kagezi to avoid their arrest for a major case they had committed. The three paid for their services in performing the rituals and abandoned the shrine,” court documents read. .

According to the indictment, Massajjage complained that the money he received was spent on a witch doctor to “see” the case.

“During the interview, Kiwanuka also disclosed to investigators that following the murder of Joan Kagezi, three persons, including Kibuuka, Mugonole, and Kiwanuka went to a witch doctor in Kayunga to perform some rituals to protect themselves and prevent their arrest. Joan Kagezi’s Kiwanuka secured the witch doctor, whom he knew personally, and took the other two there.” Kiwanuka revealed the witch doctor’s identity to investigators, court records continued.

The prosecution alleges that the witch doctor identified Kiwanuka, Kibuuka and Mugonole during the identification parade at the Police and that the relevant identification parade reports will be used as evidence at trial.

It is alleged that in August 2023, police obtained information and clues about Massajjage’s whereabouts and he was tracked down and arrested in Wandegeya, where he was running a boda boda riding business, before being questioned on allegations of terrorism and Kagezi murder. .

The State alleges that Kiwanuka confessed to participating in Kagezi’s murder along with Kibuuka, Massajjage, Mugonole, and revealed that the “agreement” to kill the former prosecutor was made by Kiwanuka, who also provided the two guns used and paid for. Each of them pays Shs500,000 in cash as partial payment for carrying out the murder.

The evidence presented shows that Kibuuka shot and killed Joan Kagezi, while Massajjage was the motorcycle driver who transported Kibuuka to commit the murder, and the two fled on the same motorcycle after the murder.

Documents and physical evidence that the prosecution plans to rely on include: autopsy report, photographs, cartridges, bullet head, crime scene investigation report, sketch map, evidence collection log, evidence photographic records, motor vehicle examination report, mobile network clusters, and technical report. , identity parade report, cybercrime reports and other forensic reports, exhibition slips.

Others are search warrants, defendants’ accusation and warning statements, applications and court orders, call data printouts, PFS17A PFs24, request letters for forensic analysis, DNA analysis and mobile phones.

The prosecution alleges that the defendants killed the deceased in order to influence the government or intimidate the public or part of society and for political, religious and economic purposes.

The prosecution also argues that all the defendants charged in this case acted with common intention and in harmony with each other and are therefore guilty.

Kagezi was shot dead in his car in front of his children in Kiwatule, a suburb of Kampala city, on March 30, 2015.

The State alleges that the defendants were involved in the attack and subsequent murder of Deputy Director of Public Prosecutions Joan Namazzi Kagezi on March 30, 2015, indiscriminately, with the aim of influencing the government or intimidating the public for social or economic purposes. a public institution. In the indictment, the State also alleges that the four defendants unlawfully caused the death of the said Kagezi with prior malice.