The High Court sitting in Entebbe, Wakiso district yesterday found Godfrey Wamala aka Troy guilty of killing singer Moses Sekibogo aka Mowzey Radio and convicted him of manslaughter.
Trial judge Jane Francis Abodo dropped the murder charge in the case where Wamala had been accused of intentionally killing Mowzey Radio.
She said the prosecution successfully proved that Mowzey Radio was killed as evidenced by the post-mortem report from Dr Samuel Karungi and Dr Moses Byaruhanga, but the prosecution, led by Joseph Kyomuhendo and Joan Keko, however, failed to prove malice aforethought as an ingredient in the murder.
Circumstantial evidence
The accused had told the court that after the bar incident, he spent a night with Justine Musimire in Nkumba, Entebbe.
“But PW5 (Musiimire) had informed this court that she was not aware that the accused person was in trouble. After he had left following a scuffle at the bar, the accused never went back even to pick his power bank and headsets, but rather sent for them,” Abodo read in part the judgment, adding that, this, creates a lot of suspicions.
The conduct of the accused person running away from the scene after the incident, as testified by some witnesses and later switching off his phones, cast him in a bad light.
During the cross-examination, Troy had informed the court of his close friendship with George Egesa, the manager of the bar.
However, even after Troy learnt of Egesa’s arrest, the former did not take the trouble to check on his friend yet he (Troy) was in Nkumba, which is a stone’s throw away from Entebbe Police Station, where Egesa had been detained.
The judge also said though the accused kept in contact with other friends, he did not contact any of the friends who were around on the evening of the scuffle at the bar.
“All the conduct of the accused, person after the incident, point to guilt. I have found a number of contradictions on the prosecution side, but also found them minor,” ruled Abodo.
“Prosecution failed to prove malice aforethought, hence, the accused has been acquitted of murder contrary to section 188 and 189 of the Penal Code Act. However, according to section 87 of the Trial and Indictment Act, when a suspect is tried, he or she may be convicted of a minor offence although he or she was not charged with it. I find that prosecution has proved all the ingredients of manslaughter beyond a reasonable doubt, contrary to section 187 and 190 of the Penal Code Act,” read the judgment.
Final submissions
The prosecution side asked for a maximum punishment justifying that the deceased was 32 years old at the time, a popular and talented singer, who was a national and international treasure.
“Having sustained injuries on the head, the deceased remained unconsciously sick from January 22 to February 1, 2018, which translated as a slow-painful death. Not only did this traumatise the deceased, but also family members and the nation,” further argued Keko.
Leonard Kasibante, the defence attorney, however, prayed for a lighter sentence saying, the convict is a first-time offender aged only 30, who can easily reform and become a resourceful person to the nation.
Kasibante also prayed that the court adds the time Wamala has already spent in prison, unto the sentence. The sentence will be delivered on Thursday.
