By Michael Odeng
The High Court in Kampala will on today Monday (April 24) deliver a judgment in a case in which Abubaker Kalungi, is accused of killing former Buyende District Police Commander Muhammad Kirumira and his friend Resty Nalinya Mbabazi.
High Court judge Margaret Mutonyi will deliver the judgement. Assistant Director of Public Prosecutions, Thomas Jatiko represented the state while Counsel Zephania Zzimbe represented the accused.
Two weeks ago, the court assessors; Jackline Iyafula and Jackline Nabuufu advised the judge to acquit Kalungi of murder on grounds that prosecution has not proved the case beyond reasonable doubt.
In their joint opinion, the assessors said the prosecution had not proved beyond reasonable doubt that carpenter Kalungi killed Kirumira and Nalinya.
“Prosecution did not adduce incriminating evidence against the accused. We therefore advise that he is acquitted of the murder of Kirumira and Nalinya,” Iyafula submitted.
Procedurally in criminal trial, court assessors give their opinion before the presiding judge or judges. However, the assessor’s opinion is not binding to the judge.
Court assessors are usually non-lawyers who sit together with a judge or judges to advise court in assessment of cases.
Kirumira, was shot dead near his home in Bulenga on Mityana Road alongside his friend, Resty Mbabazi Nalinya, a mobile money dealer and neighbour on September 8, 2018.
The policeman had given Nalinya a lift in his car — a navy blue Toyota Corona.
After being shot, Kirumira and Nalinya were rushed to Rubaga and Mulago hospitals respectively, but they were each pronounced dead-on arrival.
