Prosecution, Defense Give Final Submissions In Kazini Murder Trial

3108 Views Kampala, Uganda

In short
The state and defense teams have given their final submissions in a case in which Lydia Atim Draru accused of killing Major General James Kazini.

The state and defense teams have given their final submissions in a case in which Lydia Atim Draru accused of killing Major General James Kazini.
 
Both sides are convinced they have put up a good fight in proving that Draru intentionally murdered the former army commander. But the defense team maintains that the offense occurred in self defense.
 
Prosecution accuses Draru of murdering Kazini on November 10th 2009 at her home in Wabigalo, Makindye division.

While giving the last submission, prosecution led by Fred Kakooza asked court to find Draru guilty of murder as charged. Kakooza noted that the state had proved beyond any reasonable doubt that Draru murdered Kazini having had malice aforethought.

He submitted that the nature of the weapon used, the iron bar, was lethal and its repeated use injured the head which was a delicate part of the body. Besides, the skull of the deceased was shuttered as explained by a pathologist in court. This is reason enough to show she intended to kill him.

Kakooza further submitted that the threat to attack was not clear because the pistol in court was recovered in a brown leather bag in the Land Cruiser of the deceased.

According to Kakooza, Draru’s conduct after the murder showed she determined to kill Kazini intentionally because Tereza Irwao, a state witness overheard her say ‘die, die in the hands of a woman’. Besides, Kakooza argued that the defense did not cross-examine the midwife on this point. He argued that Draru would have used the kitchen door to run away but she instead went to the bathroom and returned with the killer weapon.

The defense lawyer, Musa Sembajja on the other hand insisted that their client killed in self defense. The pistol earlier drawn against Draru, strangulation and beating of their client were all clear signs of attack by the deceased.

The defense team submitted that Draru repeatedly asked Kazini to go home implying she wanted to avoid the crime right from the beginning. She even raised an alarm for help but nobody including her niece, Scovia Toboru came to her aid. This, according to the defense, shows Draru was still restraining herself from committing the crime.

Her conduct after the offense showed that Draru was remorseful because she was heard asking God to forgive her for killing her boyfriend, James. Draru did not adhere to her sister’s advice of running away from the scene of crime. She stayed put asking boda boda cyclists to call police for her. She went ahead to call the local council chairman, whose phone was off. This conduct, according to defense lawyers, was not that of a person intending to kill.

The defense lawyers also argue that inconsistencies in prosecution testimony were grave. Tereza Irwao had told court that she did not make a police statement yet the statement existed. She also contradicted herself when court heard that the object used was not known, yet in the police statement Irwao said the object was a metal.
 
Presiding Judge, Monica Mugenyi adjourned the matter to Wednesday at 2.30 pm to allow court assessors give their opinion. She also put the judgment day on notice.