Prosecution heard that on the eve of the 2011 February general elections, while at Katojo cell in Ishongororo Sub County in Ibanda district the suspect beat up Ainebyona into pulp.
Justice Andrew Bashaija has acquitted David Guma Gumisiriza, the former Ibanda North Member of parliaments of murder. Guma was charged together with nine others for the death of Moses Ainebyona a campaign agent of Xavier Kyoma, the incumbent Ibanda North MP in February 2011.
Prosecution heard that on the eve of the 2011 February general elections, while at Katojo cell in Ishongororo Sub County in Ibanda district the suspect beat up Ainebyona into pulp. He died later at Kagongo Hospital of the injuries inflicted on him by his assailants. But this morning, Justice Andrew Bashaija acquitted all the suspects saying that the prosecution had failed to produce sufficient evidence placing the suspects at the scene of murder.
He says despite the fact that the suspects were arrested and charged with murder, police didn’t show up in court to justify the cause of their arrest, which left a huge gap on the prosecution process. He said that even the evidence adduced by the principal witness was contradictory since he didn’t witness the accused persons taking part in the murder.
Justice Andrew Bashaija therefore acquitted the accused of the murder charges and ordered a refund of the money they deposited in court to secure bail. The ruling has not gone down well with the family of the deceased. Hanifer Bukenya said that she was not happy with the ruling, and vowed to appeal the ruling in a higher a court.
retired major guma gumisiriza
high court acquits guma and 9 other co accused
mbarara high court judge justice andrew bashaija