Hearing of an appeal filed by two convicts in the murder of business tycoon Eriya Bugembe Sebunnya aka Kasiwukira; who challenge the 20year jail term handed to them by High Court, has flopped this afternoon before three justices of the court of appeal.
This matter which is before Judges Hellenic Obura, Elizabeth Musoke and Ezikiel Muhanguzi failed kick off after court learnt that the Director of Public Prosecution (DPP) had consolidated the convicts’ appeal with that of his, where he challenges the acquittal of Sarah Nabikolo (Kasiwukira’s widow) by the High Court.
However, Nabikolo’s lawyer Mac Dusman Kabega protested the DPP’s move to consolidate the appeals with that of the convicts saying that this is unconstitutional.
The case was adjourned to the 26th March 2019 to enable the concerned parties to separate these files.
The convicts namely police Constable Ashraf Jarden and Sandrah Nankungu in their appeal, contend that the high court judge Wilson Musene erred in law when he failed to properly evaluate the evidence which was brought before him and thus came up with wrong finding thus leading to their conviction
They now want the appellate court to quash, set aside their conviction and sentence of the lower court
On 12th October 2016, the high court judge Wilson Musene acquitted Sarah Nabikolo who was the key suspect in the murder of Kasiwukira, and instead convicted her two co-accused.
Government has since appealed against her acquittal.
The convicts are accused of masterminding the murder of Kasiwukira who was knocked down to death by a speedy vehicle on the 17th October 2014 as he was on morning roadwork in Muyenga Makindye Division Kampala district