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Kalungi acquitted of manslaughter charges
Publish Date: Jul 04, 2014
Kalungi with his father after being set free. All photos/Juliet Kasirye
By Michael Odeng Adam Kalungi has been acquitted of the murder of the late Butaleja woman MP, Cerinah Nebanda.
Justice Lameck Mukasa Friday afternoon set Kalungi free on grounds that he did not commit any breach of duty and acted prudently to save Nebanda’s life.
The High court judge quashed Kalungi’s conviction and set aside his sentence.
“Kalungi did not have a medical certificate but acted professionally to try and save Nebanda’s life right from home to the hospital,” Mukasa stated.
Kalungi hugs a relative following his acquittal
Kalungi, through M/S Ochieng, Harimwomugasho and Co-Advocates filed a memorandum of appeal on May 14, 2014 challenging the Makindye magistrate’s court judgment.Kalungi was seeking a court order to have his conviction and sentence of manslaughter quashed, saying prosecution erred in law and facts when it failed to evaluate the evidence and properly construe the law in respect to manslaughter.
“Failure to do this made the magistrate arrive at the wrong conclusion in finding the appellant guilty of manslaughter by omission which caused a miscarriage of justice,” he said.
He also wants court to sentence him to a caution if it fails to acquit him, saying his punishment was harsh.
On February 7, 2014 Kalungi was sentenced to four years in prison for negligently causing the death of Nebanda while his co-convict, Omar, was sentenced to one year over possession of drugs by chief magistrate Esta Nambayo.
Court also noted that Kalungi failed to take Nebanda in the hospital in time.
Prosecution states that the convict in December 2012 unlawfully caused the death of MP Nebanda in Buziga, Makindye Division in Kampala.
He was charged alongside Noor Abubakar, Khan Babu, Abdul Abid Rashid Butt and Fatuma Babu who were later acquitted.
Tuesday, 08 July 2014 22:29
On Friday, Justice Lameck Nsubuga-Mukasa of the High Court criminal division acquitted Kalungi of the charge of manslaughter in relation to the death of his girlfriend, the then Butaleja MP Cerinah Nebanda. Speaking to The Observer at the court cells, Kalungi denied ever working with government to eliminate regime critics.
“I have read claims that I am a government spy; that my role was to kill people from the opposition, but those are lies. I am just a normal person who was caught up in such circumstances,” he explained.
Reacting to his sentencing in February to four years in prison, Kalungi said he harbours no hard feelings toward the then presiding Makindye Court Chief Magistrate Esta Nambayo.
“When she was sentencing me, she told me that I need time to develop a character of responsibility and I should be able to own up even when things go wrong….And those words have helped me because now I can face challenges,” he asserted.
Fleeing the country?
Kalungi said he has no plans to leave the country since he has always been innocent.“It is guilty people who run away. I know people think that I will leave this country but that’s out because I was born here and my family is here. Why should I flee?” he asked.
Kalungi intends to take some time off to relax, then start looking for a job like any other Ugandan since he is qualified in procurement.
Acquittal
At exactly 5:30pm, the head of the High Court criminal division Justice Lameck Nsubuga-Mukasa quashed both the conviction and the four-year sentence given to Kalungi by Nambayo. Justice Mukasa reasoned that it was wrong to convict Kalungi on the charge of manslaughter since court could not prove that he administered the late Nebanda with narcotics.He also rejected Nambayo’s ruling that Kalungi was guilty of breach of duty having delivered Nebanda at Mukwaya General hospital at 7pm yet her health situation had started worsening at 4am.
“Evidence on record shows that on the night, Kalungi did everything possible to save the deceased’s life. First he gave her first aid. When the situation was not improving, he called in PW2 [Emmanuel Kizza Lwakataka] who claimed that he was a medical officer and when things got worse he used his own money to take Nebanda to a bigger hospital,” he said.
Wrong person charged?
Justice Mukasa amused court when he ruled that it was wrong for prosecution to charge Kalungi with manslaughter. He said prosecution should instead have charged Lwakataka, who had convinced Kalungi that he was qualified to handle Nebanda’s situation but later admitted in court that he was not a trained medical officer.“If PW2 [Lwakataka] had not lied to Kalungi that he was a medical doctor, maybe he would have taken Nebanda to a big hospital quickly,” he concluded.
By press time it wasn’t clear if the state was going to appeal. At 6:30pm, Kalungi was driven out of the court premises, this time round not back to Luzira Prison but to his home to start a new life.
Dr Onzivua cries in court
Dr Onzivua (R) breaks down at Buganda Road Court yesterday after he was cleared of abuse of office and conspiracy to unlawfully obtain body parts of former Butaleja Woman MP Cerinah Nebanda. PHOTO BY ABUBAKER LUBOWA.
By BETTY NDAGIRE
Posted Wednesday, September 4 2013 at 01:00
Posted Wednesday, September 4 2013 at 01:00
In Summary
No case to answer. The judge says prosecution failed to adduce evidence to back allegations against the duo.
KAMPALA
KAMPALA
Mulago pathologist, Sylvester Onzivua yesterday broke down in tears of joy after Buganda Road Court acquitted and discharged him over charges of abuse of office and conspiracy to unlawfully obtain body parts of former Butaleja Woman MP Cerinah Nebanda.
Dr Onzivua was jointly charged with Kinkizi East legislator Chris Baryomunsi. Speaking to the Daily Monitor after the acquittal, Dr Baryomunsi said the public still demands a convincing explanation from the State on the cause of the untimely death of the youthful former MP (Nebanda).
He said they have instructed their lawyers to file a suit against the State, resulting from what they referred to as the nine months malicious prosecution they faced. It is through this suit that they will seek to be compensated.
No evidence
While giving her ruling in a court fully parked with friends and relatives of the freed suspects, the presiding Chief Magistrate, Ms Olive Kazaarwe, said no reasonable tribunal would convict the duo basing on irresolute prosecution evidence on record.
While giving her ruling in a court fully parked with friends and relatives of the freed suspects, the presiding Chief Magistrate, Ms Olive Kazaarwe, said no reasonable tribunal would convict the duo basing on irresolute prosecution evidence on record.
“There is no evidence indicating that the pre-postmortem meetings stopped Dr Onzivua from taking samples for further examination. So his actions do not constitute a criminal offence, he did everything in broad day light and it was documented,” Ms Kazaarwe said. She said the conspiracy charges are worthless since Dr Baryomunsi was acting on behalf of the Parliamentary Commission.
“This court concurred with the defense lawyers’ submissions that prosecution had failed to adduce evidence to back up the allegations levied against their clients. It is the finding of this court that a prima facie case has not been made against the accused persons on the available evidence to require them to defend themselves,” she said.
Prosecution alleged that on December 15 at Mulago hospital mortuary, Dr Onzivua, Dr Baryomunsi and others obtained Nebanda’s body samples and attempted to take them to South Africa without permission.
The cause of death
An official autopsy report that the government says was done in the United Kingdom revealed traces of alcohol and narcotics in the 24-year-old MP’s body. However, her fellow MPs claim her death was suspicious, attributing it to possible poisoning. The deceased (Nebanda) allegedly collapsed at a friend’s house on December 14, at 7pm, and was taken to Mukwaya General Hospital at Nsambya, where she was pronounced dead on arrival.
An official autopsy report that the government says was done in the United Kingdom revealed traces of alcohol and narcotics in the 24-year-old MP’s body. However, her fellow MPs claim her death was suspicious, attributing it to possible poisoning. The deceased (Nebanda) allegedly collapsed at a friend’s house on December 14, at 7pm, and was taken to Mukwaya General Hospital at Nsambya, where she was pronounced dead on arrival.