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23-year-old policeman pleads not guilty in murder of Indian businessman

Elioda Gumisiriza in the Kabale High Court dock giving his defence where he denied the murder charges against him on Thursday. PHOTO BY ROBERT MUHEREZA.

What you need to know:

On Thursday, Police Constable Elioda Gumisiriza (No. 72401) presented his defense in the Kabale High Court before Judge Samuel Emokor.

A 23-year-old police officer has denied charges of murder in connection with the fatal shooting of an Indian businessman in Kisoro District. The officer, who is accused alongside five others, has pleaded not guilty and claims no involvement in the crime, further distancing himself from his co-accused.

On Thursday, Police Constable Elioda Gumisiriza (No. 72401) presented his defense in the Kabale High Court before Judge Samuel Emokor. Elioda is accused of murdering Kuntaj Kumar Patel, an Indian businessman, who was killed on October 27, 2022, in Kisoro Main Village, Kisoro Municipality, Kisoro District.

State prosecution, led by Grace Ntege Nabagala, accuses Gumisiriza of murder and conspiracy to commit a felony. His co-accused include an Indian businessman Hatel Patel, Bernard Nteziyaremwe alias Lampard, Gard Nyabangabo alias Gardson, Charles Nteziyayo, Godfrey Ntibakunze alias Korabinge Kafero, and others still at large.

"It is not true that I used my gun to shoot and kill anybody. On the fateful day, I left Nyakabande refugee transit camp in Kisoro district, where I was deployed to provide security, and later went for lunch in Kisoro town. While having lunch, the restaurant operator asked me to pay the bills of some customers who had left without paying. I refused because I did not know them. Some people came from behind the restaurant and started assaulting me. I lost consciousness, and when I regained my senses, I found myself in police cells at Kisoro police station. I never used my gun to shoot at anybody, and I am not the person in the video footage presented to this court placing me at the scene of the murder," Gumisiriza said.

Gumisiriza also claimed he was forced to sign documents in Kisoro Magistrates Court, thinking they were for facilitating a bail process since he knew that failure to pay restaurant bills was a bailable offense. He was surprised when murder charges were read to him, and he was sent on remand with his co-accused, whom he had never seen or interacted with.

When asked why he did not object to the murder charges in the lower courts before being committed to the High Court, Gumisiriza explained that he was unable to object to the murder charges in the lower courts because the presiding magistrate told him that the court lacked jurisdiction to hear his objections, prior to committing the case to the High Court.

Justice Emokor adjourned the case until August 9, when the remaining accused individuals will present their defense. The judgment will be based on the evidence presented by witnesses called by the state prosecution.