Kampala businessman, Godfrey Kato Kajubi, has petitioned the Chief Justice Bart Katureebe requesting him to review a case in which he was, in July 2012, sentenced to life imprisonment by Masaka High Court for the ritual murder of a 12-year-old boy, Joseph Kasirye.
Prosecution proved that Kajubi murdered Kasirye, a pupil of Kayugi primary school in Mukungwe sub-county in Masaka district, on October 27, 2008.
Justice Moses Mukiibi had acquitted Kajubi, reasoning that prosecution had failed to prove beyond reasonable doubt that he was behind Kasirye’s murder but the then Directorate of Public Prosecutions (DPP), Richard Buteera, successfully challenged the High Court decision.
It was Justice Mike Chibita who jailed Kajubi basing on the evidence presented by 18 prosecution witnesses including those who recovered Kasirye’s mutilated body in a swamp in Kayugi near lake Kayugi in Masaka.
Kajubi tells his story in Luzira
In a letter dated July 15 and copied to Uganda Law society, Judicial service commission, Upper prisons Authorities etc, Kajubi accuses Hon Justice Richard Buteera of professional misconduct.
Kajubi’s attempt to write to the CJ was blocked by Luzira authorities prompting family members to pen the letter on his behalf.
This is part of the letter:
Your lordship, we are compelled to write to you, because being Ugandans we don’t know which other country or judicial officer we can now turn to, in enforcing our relative’s rights to justice. Kindly permit us to delve into what we believe we are aggrieved of, we shall begin with the background of this matter.
Your Lordship; Sometime back in or around the month of October 2008,we did perceive to information through media houses and daily publications that, our relative the now convict was on the wanted list of the Uganda police force at the CID Headquarters in the Kampala district, for a purported murder case C/ss 188 and 189 of the penal code act. Cap 120,of a 12 year old young boy Kasirye Joseph.
Your Lordship, our relative the now convict did raise his grievances in respect of the murder charge preferred against him by the state, to its representative the then DPP Hon. Justice Butera Richard trying to compel him to re- revisit his court case file for perusal and advice since our relative didn’t have knowledge of the case brought against him.
Your Lord ship, the response our relative got from the then DPP Hon. Justice Buteera Richard was an INDICTMENT and SUMMARY OF THE CASE, committing the case file for trial in the high court of Uganda at Masaka.
Your Lordship, as a result of the actions of the then DPP inherent powers conferred upon him in committing the file for trial in the high court of Uganda, our relative was arraigned for a trial during criminal session case No.16 of 2009,holden at Masaka High Court before the then Hon. Justice of the High Court his lordship Moses Mukiibi.
Your Lord ship, prosecution didn’t adduce evidence against our relative the now convict and in 2010, he was acquitted of murder C/as 188 and 189 of the penal code act. Cap 120, of a 12 year old boy Joseph Kasirye by the then presiding justice MOSES MUKIIBI, following a submission of no case to answer by our defence team.
Your Lordship, initially this case has principal suspects UMARU KATEREGA alias BOSCO (A7)and his wife (A8) MARIAM NABUKEERA whose confessional statements and extra judicial statements were pinning them to the crime for which our relative is currently serving a prison sentence.
Your Lordship, immediately after his acquittal during criminal session case no.16 of 2009,the the DPP Hon. Buteera Richard, did file an appeal in the court of appeal contesting his acquittal by the high court of Uganda Holden at Masaka, where an order of re-arrest and re-trial was issued by the appellant court in Kampala.
Your Lordship, the then DPP Hon. Justice Buteera Richard dropped charges of murder C/ss 188 and 189 of the penal code act. Cap 120,of a 12 year old boy Joseph Kasirye against (A7) UMARU KATEREGA alias BOSCO and (A8) Mariam Nabukeera the principal suspects in the crime to testify against our relative the now convict.