They asked therefore Justice Andrew Bashaija, the presiding judge to find the accused guilty and convict them. They however asked Justice Bashaija to acquit Denis Byarugaba, one of the suspects saying, prosecution had failed to bring sufficient evidence placing him at the murder scene. The assessors however asked justice Bashaija to give the accused a lesser sentence.
The maximum penalty for murder is death. Gumisiriza and his co-accused were arrested in February and remanded in connection with the murder of Moses Ainebyoona, an agent of Guma’s political rival, Xavier Kyooma. Details of the case are that on Feb 16, 2011 Guma and others murdered Ainebyona on the eve of the February parliamentary election. Ainebyona was beaten to death in broad day light, two days to the February 18th general elections in Ishongororo sub county Ibanda district.
In the Ugandan legal system, judges can appoint assessors to assist in a case. The assessors are not legally-trained people and their judgment is only based on the evidence produced in a case. Judges are not bound to follow the opinion of the court assessors. Justice Andrew Bashaija has set June 14th as the date for delivering his judgment.