Mbarara. Early this year in February, the Mbarara Chief Magistrate Samuel Twakiire convicted three of the accused persons in the acid attack case of Councilor Amos Katurebe, however, the case has currently deepened after one of the convicts Denis Bataringa appealed to the High Court of Mbarara seeking for a fair judgment.
Speaking to the Bataringa’s Brother Bony Tashobya the Speaker of Mbarara Municipal Council who was also involved in this case as a key suspect before he was set free by court, he has revealed several reasons why his Brother appealed to the High Court and why they want the Chief Justice Bart Katurebe intervene.
Speaking to the Journalists last Weekend in a press briefing; Speaker Tashobya explained that his Brother Bataringaya and his two co-accused persons Emmanuel Mbiine and Don Kizito were convicted unfairly. In the case that ended on 22nd February 2019, the Chief Magistrates court sentenced Bataringaya, Mbiine and Kizito to 14 years in the case which they found guility of pouring acid to the Nyamityobora Ward Councilor Katurebe while he was heading to his home in Kirembe cell.
According to the letter of appeal made by the convict Bataringaya through his Lawyer Bakiza & Co. Advocates indicates the appellant being dissatisfied with the Judgment, convict and sentence of the learned Magistrates His Worship Samuel Twakiire.
The appellant accuses the learned trail Chief Magistrate erred in law and fact when in evaluating the evidence on record, he only considered the evidence of the prosecution in isolation of the defense evidence and thereby reached a wrong decision.
In the same letter of the appeal, the appellant accuses the Chief Magistrate that he wrongly included that the falsehoods, inconsistencies and contradictions manifested in the prosecution case did not go to the root of the case and were allegedly collaborated, whereas not.
The appellant further indicates in the appeal that the trail Chief Magistrates imposed a manifestly harsh and excessive sentence in total disregard of the Appellant’s mitigating factors. In the letter of appeal that was made in April this year, Bataringaya prays the High Court to allow the appeal and sets him free.
It is also reported that the acid victim Katurebe appealed to the High Court on the same case claiming that the judgment was dissatisfying after court ruled out that Speaker Tashobya had no case yet he is the person he had issues in the council, therefore he was also supposed to be convicted by the same court. Katurebe also claims that a sentence of 14 years was not enough for the convicts.
According to Speaker Tashobya says that their case was politically influenced because there was enough evidence which his Brother Bataringaya raised.
“I wonder if I had no case, how would my brother and the other two co-accused be charged and convicted yet they didn’t know Katurebe. The judgment was politically compromised; we therefore want the Chief Justice of Uganda intervene in this case” said Tashobya.