The Director of Public Prosecutions (DPP) Richard Buteera has appealed against the recent acquittal of Retired Major Guma Gumisiriza and nine others who were facing murder charges, saying he is dissatisfied with the judgment. Major Gumisiriza, the former Ibanda North Member of Parliament, had been accused of killing Moses Ainebyoona, a campaign agent of his then political rival during the 2011 election campaigns, Xavier Kyoma, who is the current area MP.
Major Gumisiriza, the former Ibanda North Member of Parliament, had been accused of killing Moses Ainebyoona, a campaign agent of his then political rival during the 2011 election campaigns, Xavier Kyoma, who is the current area MP.
The DPP filed the notice to appeal before the appellate court on June 18, four days after the Mbarara High Court Judge Andrew Bashaija acquitted the accused, citing failure by the prosecution to place them squarely at the murder scene.
The DPP, who filed the notice of appeal trough Carolyn Nabaasa, the Principal State Attorney, also notified the appellate court of their intention to peruse through a certified record of the proceedings and the judgment of the trial before formulating the grounds of appeal.
Justice Bashaija acquitted all the accused persons saying the evidence of 18 witnesses who testified was distorted, uncoordinated and exaggerated, which could not lead to their conviction.
Prosecution had told court that on February 17, 2011, just a day before the general elections, while at Katojo cell in Ishongororo Sub County in Ibanda district, the Major Gumisiriza and nine others beat up Ainebyona. He died later at Kagango Hospital of the injuries inflicted on him.
Those who were acquitted along with Major Gumisiriza include; Godfrey Nsubuga, Joseph Ruhinda, Denis Byaruhanga alias Sande, Africano Twesiime, Abdul Kisembo, Apollo Tugume alias Perez, Milton Tukamushaba alias Kashaba, Gerald Mwebembezi and Barnabas Habasa.
As it stands now, the ten are free until the Court of Appeal rules otherwise.