Court clears evidence in child murder case
BUKOBA: HIGH Court Judge Gabriel Malata has overruled five objections raised by defense counsels, citing lack of merit, in a case involving five suspects charged with the murder of Asiimwe Novarth, a two-and-a-half-yearold child with albinism.
The objections were raised in Criminal Case No. 17740/2024. The trial is being conducted in camera, following a prosecution request.
Defense Counsel Mathias Rweyemamu, assisted by Abel Rugambwa, Pereus Mutasingwa and Victor Blasio, challenged the admissibility of a Certificate of Seizure prepared by prosecution witness PW5.
The certificate lists items seized from the first accused, Elpidius Rwegoshora. Mr Rweyemamu argued that the certificate was invalid and violated Section 38(3) of the Criminal Procedure Act (CPA), Cap 20 Rev. 2022.
He further contended that the seizure, conducted at night without court permission and without independent witnesses, was unlawful.
Principal State Attorney Nassoro Katuga countered that the certificate met all legal requirements for admissibility.
He explained that it was prepared by the police officer in charge, signed by the first accused and conducted according to Section 38 of the CPA and Section 35 of the Police Force and Auxiliary Service Act (PGO No. 226).
The police officer had authority to conduct the search or delegate it.
Judge Malata overruled the defence objections and admitted the certificate into evidence.
The trial commenced on May 5 this year, held in camera following a prosecution request.
The government appointed defence counsel for each accused, and the prosecution plans to call 52 witnesses.
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Previously, on October 25 last year, Defence Counsel Projestus Mulokozi raised concerns about the mental capacity of the first accused, Elpidius Rwegoshora, an Assistant Parish Priest at Bugandika Parish, Missenyi District.
He requested a psychiatric evaluation at Isanga Mental Health Institution, citing Rwegoshora’s alleged inability to follow the proceedings.
The prosecution raised no objection, and the court granted the request. On February 17 this year, the prosecution, led by Senior State Attorney Ajuaye Bilishanga and assisted by Agnes Awino and Matilda Assey, presented a psychiatric report from Dr Enock Changarawe.
The report confirmed that Rwegoshora is of sound mind and capable of following the proceedings.
Defence Counsel Rweyemamu objected to the timing of the report’s submission, but Judge Malata overruled the objection and admitted the document, emphasising its importance to the trial’s progress.
The other accused are Novarth Venant (24), a boda boda rider and father of the deceased, Nurdin Ahmada (25) and Ramadhan Celestine (23), residents of Kamachumu village, Rwenyagira Alphonce (30) and Dastan Burchard (47), residents of Bushagara village, Faswin Athumani (39), a witchdoctor from Nyakahama village, Gosbert Archard (35) and Desidery Everygist (53), residents of Nyakahama village, Muleba District.
Ms Ajuaye informed the court that on May 30 last year, the nine accused jointly murdered Asiime Novarth.
All pleaded not guilty when the charges were read. Judge Malata instructed the Deputy Registrar to ensure that all accused, except the first, have defence counsel assigned.
The first accused is represented by three lawyers: Projestus Mulokozi, Mathias Rweyemamu and Pontian Mujuni.
