{UAH} MURDER OF A PROSECUTOR - IS IT BUSINESS AS USUAL?

MURDER OF A PROSECUTOR - IS IT BUSINESS AS USUAL?

Introduction
On 30th March 2015 two assailants travelling on a numberless motorcycle shot dead Senior Principal State Attorney Joan Kagezi in Kampala. She was shot while driving home together with her three children. The assailants managed to flee the scene and are still on the run. The deceased had been a lead prosecutor in some of the terrorism related cases that are under trial. She had also been the head of the international crimes desk in the DPP's office. It is against this background that her murder is linked to terrorism.

Public statements
The incident was instantly picked by local and international media  and has since been accorded wide coverage with emphasis on her role in prosecuting terrorism related cases. The Inspector General of Police (IGP) initially said that: "I dont want to make a statement of fact ....... but am not ruling out or ruling in Al-Shabaab or any other terrorist organisation. The same IGP later stated that: "murder served to increase Police resolve to hunt down and bring to justice all those elements bent on disturbing the peace and development of the country." linked the murder to terrorism but his current stand is that it is not linked to Al-shabaab. Later he During the church service the IGP requested the Judiciary to overhaul the current criminal justice system that he said was favoring criminals. The Minister of InformationCALLED upon the public to avoid sensationalising the criminal nature of the killing and to respect the honor and dignity of the deceased. The Minister of Internal Affairs made a statement on the floor of parliament to the effect that the murder had been carried out by organised crime syndicates. The Minister of Security vowed to review and strengthen gun laws. At the scene of crime, Director of public prosecutuion (DPP) said that the killing had strengthened their resolve to ensure that justice prevails in the country. During the church service he said that they will neither surrender nor retreat. The Chief Justice responded to the IGP's call for overhaul of criminal justice thus: "Lets be careful.............they wanted to frighten us . Lets not fall into their trap and pass laws which will actually run down the rule of law." The Uganda Law Society (ULS) put a bounty for whoever gives useful information to the Police. The US embassy issued a statement renewingITS SUPPORT to Uganda government's efforts to combat international terrorism. The Irish Ambassador speaking on behalf of the foreign missions, status thus:  "war against terrorism is for all of us and we must stand firm against it." Amidst clapping, foot-stamping and ululation by mourners, the days' preacher Canon Oboth Owino blamed government for not giving enough security for the stain attorney. He added: "am not saying you killed her, am saying let it be a lesson. On the surface, we look good people, but inside we are violent people. We are destroying our country by violence and bloodshed. That is unfortunate." The IGP described the deceased as a partner with security agencies in cracking crime and that she had died in the line of duty. Obviously, she will be awarded a Nalubale medal at the next heroes day. It as if she was considered as a regime's cadre prosecutor.

Investigations
By coincidence the criminal investigations chief was the first police officer to reach the scene of crime and she even helped in the evacuation of the victim to hospital. It is said she had been a few meters away from the scene of crime in the heavy traffic flow. Eye witnesses are reported to have witnessed two men riding a numberless motorcycle with one of the men being light skinned and slender. The description of the suspects fits well into the army's fugitive Capt Peter Mushabe of CMIwhomthe army last week reported to be hunting for over armed robberies in the country. The Police Anti terrorism squad sealed off the scene of crime. The IGP arrived shortly after and embarked on a journey of issuing out choruses of statements.Two blank catridges wereRECOVERED from the scene of crime and the IGP said their "forensic examination will help to know if the gun used has ever been used in other crime incidents". This is impossible instead what can only be established is the calibre o fthe bullets and the type of gun used unless the particular gun is recovered then a comparison can be made. The IGP went ahead to state that Bodaboda  (commercial motor-cyclists) business was increasingly aiding crime and becoming a major national security concern. He added "Yes, Joan has been killed but we have concrete evidence and eye witnesses all ready to testify in the matter, the government is firm and we shall run it to the end." The Minister of Internal Affairs and the DPP also visited the scene of crime.  Anti-terrorism squads barred people from entering the mortuary im Mulapo hospital when the body was being examined. Other people who wanted to correct their departed ones were kept waiting for the whole day. The IGP who visited the scene of crime several times also visited the mortuary in Mulago to see the progress. Journalists were barred from entering the the deceased's residence which was heavily guarded by anti-terrorism squads. The army joined the the investigations and the CDF justified it thus: "we have put in place a team to assist the police in the search for the murders who killed the state prosecutor. A tead of senior army officers led by Gen David Muhoozi will join the Police." He added that: "we as security organisations in Uganda agreed that in case of such a security hitch, we have to join efforts and maintain peace and stability in our country."

What do suspects gain from murdering the Prosecutor? 
A prudent prosecutor prosecutes according to the set criminal procedure rules and rules of evidence. He relies on the evidence available on the case file that was gathered by the Police and does not manifucture his 
or her own evidence unless  it is persecution and not prosecution. During the trial, the accused is presumed innocent until proven guilty by court relying on the evidence presented by the prosecution. During the trial it is the exhibits and the witnesses who should be accorded maximum security so that their destruction does not compromise the success of prosecution. The deceased was only a lead prosecutor who had other assisting prosecuting attorneys who will carry on with the task. For the accused to mastermind the murder of a prosecutor, it does not work in his/her favor. Instead it has the effect of jarpordizing fair trial to his detriment. However for common criminals, it is possible to target a prosecutor but in the instant case we are told the suspects belong to organised crime syndicates who knows the role of the different players in criminal justice? 

How does the regimeEXPLOIT the murder?
Recent events have demonstrated the judiciary's resolve toEXERCISE its independence from the executive. The regime is pushing for the scrapping of bail in some cases like terrorism which has replaced most of the capital offences in the country. In the past the executive has deployed armed commandos in courts of law to reverse court decisions and intimidate judges. Cadre judges have been seconded to the bench and the bar to serve the regime's interests. It knew that it could not succeed in having bail scrapped. The regime thrives on using terror threats to suppress interal political dissent and to blackmail the west. The regime has a wider scheme of removing bodabodas, street/market vedors, taxi operators and others in that category from the city center in order to suffocate the much anticipated mass demonstrations. It has always longed to maintain the presence of soldiers on the street. It is faced with the uphill task of justifying supplementary budgetary expenditures under the guise of improving defence and national security. The IGP has already embarked on the crusade of mobilising different interest groups in the city with appeals for calm and cooperation. The regime has been faced with the dilemma of justifying the creation of the so called Crime Preventers who have become a menace in some communities. The regime also faces the obstacle of securing the arrest and extradition of Dr. Agrey Kiyingi from Australia on allegations of aiding and facilitating the recent murders of moslem clerics. The murder of the prosecutor has presented a golden opportunity. Already, the presiding Magistrate in Jinja over the indictment of 21 suspected terrorists this week had the guts to send the defence council to jail over flimsy reasons and nobody is bothered. Once public opinion has been swayed, the so called terrorists can even target leading political opposition and civil society leaders.

Questions 
1. Why did the Minister of Internal Affairs appeal to the public not to sensationalise the muder; did he anticipate the public to riot over government failure to provide security?
2. Why did the IGP personally dominate all the events both physically and verbally? Doesnt he trust his spekespersons?
3. Will this incident compromise the independence of the judiciary in return for physical security from the executive.
4. Was the prosecutor's murder masterminded by those behind the alleged terrorism in the country?
5. Has the regime not been issuing out unregistered guns to its cadres?
6. Was it not Museveni who initiated the use of motorcycles as a easy means of getting away from the scene of crime during the bush war when he used to ride a Vespa and pose as a Hajji?
7. The assailant spared the deceased's family during the attack; whom was the police trying to protect by imposing heavy security restrictions on access to the family home and mortuary?
8. How did the IGP manage to assemble "all the evidence and eye witnesses ready to testify in the matter" just within a few hours after the incident?
9. What can a team of senior army officers deployed to help the police do that can not be done by the traditional military units like CMI and JATT?
10. Given the repeated incidents of murderers getting away on motorcycles, how courageous were the killers to in the instant case to have trailed their victim in the city moreover riding on a numberless motorcycle?
11. Who are the "good looking people on the surface but inside they are violent" that the preacher was referring to?
12. Why would a terrorist bent on unleashing terror spare the deceased's children who were with her at the time?
13. Were the terrorists not mindful of the likely presence of government officials who could be armed or having body guards in that heavy traffic flow?
14. Could the deceased have been working for intelligence agencies thus compromising the independence of the institution of the office of Public Prosecutor?

The act should be condemned in the strongest possible terms and RIP Joan.

INFORMATION IS POWER

Posted by Uganda - A Change of Guards! a

Viele GruBe

Robukui

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