Court in Mbarara district presided by Chief Magistrate Samuel Twakire has Monday sentenced three people for their involvement in an acid attack against the Mbarara municipality councilor, Amos Katureebe.
The three who were convicted are; Corporal RA/171605 Denis Batalingaya alias Boyd attached to Bombo 409 brigade, Don Kizito Baryayesiima and Mbiine Emmanuel.
According to court, the first convict, Geoffrey Sali, a Rwandan national who pleaded guilty and was sentenced to 20 years in January 2018 pinned the three over the same case. Ssali 28 who took himself to police in Kampala, upon trial in May 2018 pleaded guilty and was sentenced to 20 years in prison.
Court heard that on the night of 8th November 2017, councilor Katurebe while on his way to home on Mile two, Mbarara -Masaka road at around 10 pm was attacked and poured acid on his face before they rushed him to Mayanja Memorial hospital, from where he was rushed to Mengo hospital where he spent almost a year in intensive care unit.
Police with other sister security organizations mounted an operation the next morning and arrested the suspects.
While reading the judgment, Chief Magistrate Twakire noted with concern that during the submissions of evidence for both prosecution and defense and those of witnesses, that he found evidence of Ssali collaborating with the witnesses presented by the prosecution. However, there was no evidence proving that Tashobya the speaker participated in the committing of the offense.
“Court finds that it has been proved beyond reasonable doubt that the accused, Don Kizito, Ssali Geoffrey, Mbaine Emmanuel and Denis Bataringaya participated in committing this case, and accused number one Bonny Tashobya apart from the mentioned political wrangles he had with councilor Katurebe there was no proof pinning him to have participated in the case, so he is found not guilty and therefore Tashobya is acquitted. And others are found guilty and are convicted.”
Before Twakire read the sentence, Prosecution prayed that the convicts be given a harsh sentence since cases of acid are rampant so as to a send a signal to the public.
Lawyers from defense led by Enock Twinamatsiko who represented Kizito and Mbaine prayed that the convicts are first time offenders with no criminal record and that are sole breadwinners in their respective families, he prayed for a lenient sentence.
A lawyer representing, Bataringaya prayed, “since Bataringaya is a first time offender and an army officer whose services are still needed in the country, a sole breadwinner in his family and is still in the youthful age, a law-abiding citizen, I pray that he should be granted a lenient sentence since he has been on remand for one year and one month.
Chief Magistrate listened to both prayers from prosecution and defense lawyers and ruled that, “section 204 of the penal code Act puts the maximum sentence at life imprisonment and I agree that acid cases are rampant and serious, this should send a strong signal to public, I have considered the period they have spent on remand I, therefore, sentence you to 14 years in prison.
He further told the convicts that they have a right to appeal the sentence from the higher court.
