Septic tank case: Lawyers accuse each other of failing to disclose evidence

Lawyers in the case in which a senior accountant, Francis Onebe, 63, is accused of murdering his wife, have accused each other of failing to disclose evidence to be used in the case.
The verbal exchange between the lawyers was prompted by prosecution led by Mr Joseph Kyomuhendo who accused the defence lawyers of refusing to receive one of the pieces of evidence that they intended to use.
“Your Honour, we seek for the court’s order to compel the defence lawyers to avail us with any kind of evidence they intend to use during trial bit documentary or videos so that we are not ambushed,” Mr Kyomuhendo submitted on Wednesday.
“We also seek for the indulgence of court to compel the defence lawyers to receive the flash bearing a video that we seek to rely on, we have already disclosed the CCTV report that accompanies it. The flash was even appended to the police by the accused himself (Onebe),” he added.
However, this did not go on well with the defence lawyers who told the presiding judge Michael Elubu that they were not comfortable with the manner in which the state was handling the case.
Mr David Oluka Kasumba told court that as defence, they did not have any evidence that the state was asking or talking about nor was it handed over by the suspect (Onebe).
“The state has had over two years to process the case and even to disclose to us in this matter, but now they have made it a habit every time at the hearing of the matter they come around with excuses. I pray that this court directs the state for the last time to disclose whatever they want in court for the interest of justice and speedy trial,” Mr Kasumba submitted.
“This is the state’s case and for them to insinuate that the court should compel us to disclose what we are with in possession is wrong, let them disclose and we shall submit no case to answer. We do not have any problem with receiving the flash but this has to be in order and not taking court for granted,” he added.
He has told the court that the state should not disclose in bits as some of this information requires them to meet their clients in custody.
Court also heard from the second prosecution witness, the Senior Superintendent of Police, Ms Immaculate Ivy Atuhairwe, a Forensic DNA analyst that they identify human beings in relation to crime and support the evidence with scientific analysis. She explained that they usually find a link within the parties in the case which include; murder, sexual assault which are brought by police officers or scene of crime officers.
“We had the bone and tooth in this particular case and these had to first be crushed before going to the next stage in order to find the relationship between the deceased and her daughter,” Ms Atuahaiwe said before adding that the DNA matched.
The third prosecution witness, Mr Godfrey Akena, a businessman dealing in foodstuffs at Lower Mawanga Zone, Buziga Parish in Munyonyo told court that he knew both the accused people.
Court heard that Onebe informed him about his missing wife and they went ahead to print posters which they posted all over the village, however, shortly after Onebe started complaining about people who could knock at his gate and later run away.
Akena narrated that police evaded Onebe’s home and the septic tank was opened and a body was moved out although it was decomposed.
Onebe together with his home security guard, Bonny Oriekot, 26, have been on remand since September 2021 on accusation of murdering his wife Ms Asio Mary Immaculate Onebe whose decomposed body was found in a septic tank at their matrimonial home in Muyenga. She reportedly went missing in January 2021.
Case was adjourned to Thursday for further hearing of the prosecution witnesses.
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