In their closing arguments in the three-year old murder trial of Lt Col John Kaye, prosecution has asked the Military Court in Makindye to convict the senior UPDF officer of murder.
Prosecution contends that on November 12, 2011 at around 3:30 am at Nalumunye in Wakiso district, with malice aforethought, Kaye caused the death of Steven Kabuye, using a pistol N0. G258806.
Prosecution contends that according to evidence presented through seven witnesses, Kaye should be convicted for killing Kabuye, a person who was not an enemy, an act which contravenes the Defence Force code of conduct.
Pleading not guilty to the two counts of murder, Kaye admitted shooting dead the 28-year old Kabuye but maintains he suspected the deceased was a thief when he (Kabuye) turned up in a car at the colonel’s residence in the company of the soldier’s wife after midnight.
“My lord, prosecution has proved all the required ingredients beyond reasonable doubt there was death of a human being, the killing was unlawful with malice aforethought and it is not in dispute that the accused participated in killing the deceased who met his death at the accused’s residence,” Maj Fredrick Kangwamu said on December 19, 2014.
Kangwamu invited court presided over by Maj Gen Levi Karuhanga to consider rule 2 (h) of the defence forces code of conduct. The rule provides that a member of the defence forces shall not kill any person who is not an enemy and is unarmed.
“We pray that the court finds the accused guilty of the two counts and convicts him accordingly,” Kangwamu said.
Kaye’s defence lawyer Kiyemba Mutale asked for time to respond and court gave him until January 20. This case was first heard by the then Brig Charles Angina, who was GCM chairman at the time.
In 2012, Kaye asked Angina to disqualify himself. Kaye claimed Angina could convict him in revenge, owing to a bad relationship between the two that dates back to 2008 when the accused was director of administration at the Chieftaincy of Mubende rehabilitation centre and Angina was the army’s chief of staff.
On the day Kabuye died, the accused came back and didn’t find his wife. According to court documents, while he was sleeping, he was woken up by a loud bang on the gate. Kaye moved out with his escort. At this point, Kaye alleges that the deceased grabbed his escort’s neck. This was allegedly after the deceased ignored an order to put his hands up.
In his no-case-to-answer submission, Kaye said that during the scuffle, he was severally hit on the chest. He adds that when he realised that the assailant could be armed, he fired one bullet which killed the deceased.
Source : The Observer