Kagezi murder case: Two lawyers withdraw as court seeks replacement

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

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

However, when the case came up on November 11 for hearing, the prosecution led by the Assistant Director of Public Prosecutions, Lino Anguzu, told the court that the duo is no longer interested and should be replaced.

"Your honuor, Ms Namawejje and Mr Kato had been appointed on State brief, but when I reached out to them, they said they had failed to represent the suspects because of different reasons, including conflict of interest. The accused persons do not have anybody for their personal representation and before I inform the court on the progress of this case, we have to first deal with this issue of representation,’’ Mr Anguzu told the court.

Justice Alice Komuhangi asked the suspects if they had any private lawyers of their choice, but they all replied in negative.

The Constitution demands that anyone facing a capital offence should have a defence lawyer and whoever cannot afford hiring a private lawyer, the government gets them one, legally known as 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 to access his relatives or lawyers from Kigo prison where he is being remanded.

Justice Komuhangi then ruled: "In light of the fact that the accused persons have no lawyers on private brief, the deputy registrar shall assign them other lawyers and a formal communication shall be made to the prosecution and accused persons".

Witchdoctor’s role

Among the witnesses is a witchdoctor from Kayunga whom the state say is a key prosecution witness in the alleged murder case.

According to the state, the witchdoctor was identified by Kiwanuka and that it was revealed that he was on remand in prison on suspicion of committing a criminal offence.

“The witchdoctor confirmed to investigators that indeed he performed rituals on Kiwanuka, Kibuuka, and Mugonole immediately after the murder of Joan Kagezi to protect them from being arrested for a big case that they had committed. The three paid for his services of performing the rituals and left his shrine,” read the court documents.

According to the indictment, Massajjage complained that the deposit of the money he got was spent on a witchdoctor to ‘‘handle’’ the case.

“During his interview, Kiwanuka further revealed to investigators that following the murder of Joan Kagezi, three of them, including Kibuuka, Mugonole and that Kiwanuka himself went to a witch doctor in Kayunga to perform some rituals to protect and prevent them from being arrested for the murder of Joan Kagezi. Kiwanuka secured the witchdoctor who was personally known to him and led the other two there,” reads further the court records, adding that Kiwanuka revealed the identity of the witchdoctor to investigators.

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

It is alleged that in August 2023, the police obtained information and leads on the location of Massajjage and that he was tracked and arrested from Wandegeya where he was doing business of boda boda riding before he was questioned on the allegations of terrorism and murder of Kagezi.

Confession

The State contends that Kiwanuka confessed to having participated in the murder of Kagezi together with Kibuuka, Massajjage, Mugonole and that he revealed that the ‘‘deal’’ to murder the former prosecutor was brought by Kiwanuka who also provided the two guns used and paid each of them cash Shs500,000 as part payment to execute the murder.

Evidence presented shows that Kibuuka shot and killed Joan Kagezi while Massajjage was the motorcycle rider that carried Kibuuka to commit the murder and that the two escaped on the same motorcycle after the murder.

Among the documents and physical exhibits the prosecution intends to rely on include; post-mortem report, photographs, cartridges, bullet head, crime scene investigation report, sketch map, evidence recovery log, evidence photographic logs, motor vehicle inspection report, mobile network clusters and technical report, identification parade report, cybercrime reports and other forensic reports , exhibit slips.

Others are search certificates, charge and caution statement of the accused, applications and court orders, call data printouts, PFS17A PFs24, request letters for forensic analysis, DNA analysis, and mobile telephones.

Prosecution alleges that the accused persons murdered the deceased for the purpose of influencing the government or intimidating the public or a section of the public and for political, religious, and economic aims.

The prosecution further contends that all the accused persons indicted in this case acted with common intention and in concert with each other and are culpable as such.

Kagezi was gunned down in her vehicle before her children on March 30, 2015, in Kiwatule, a Kampala City suburb.

Charges

The state alleges that on March 30, 2015, the accused persons for purposes of influencing the government or intimidating the public for social or economic aim indiscriminately involved themselves in the attack and consequent murder of Assistant Director of Public Prosecutions Joan Namazzi Kagezi, a person in a public institution. According to the charge sheet, the State further alleges that the four accused persons with malice aforethought, unlawfully caused the death of the said Kagezi

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