Lawyers for murder suspect Jacqueline Uwera Nsenga yesterday made their final submissions, praying court to dismiss the charges against her.
Uwera, a 36-year-old widow to the late city businessman Juvenal Nsenga, is accused of killing her husband by running over him with her car as he opened their home gate. Her lawyers, however, told court that the death was “an unfortunate accident”.
In a court session presided over by Justice Duncan Gaswaga yesterday, Uwera’s lawyer, Allan Sserulika, argued that the case should be dismissed because the prosecution had “miserably failed” to prove that she had killed Nsenga with “malice aforethought”.
“Prosecution has abysmally failed by all standards provided by law to prove that my client murdered the deceased,” Sserulika said.
The lawyer said Uwera couldn’t have possibly intentionally killed her husband because, after the incident, she tried everything within her powers to save his life.
“After the accident, my client called for help and even drove the deceased to Paragon hospital. She did everything in the open, with nothing to hide,” he asserted.
Sserulika said court should disregard the evidence provided by Uwera’s father-in-law, Donati Kananura, since it was full of “falsehoods.”
Sserulika reminded court that Kananura had said Uwera had admitted murdering her husband, yet he had omitted that information in his police statement. He further argued that Kananura’s evidence couldn’t be taken seriously since he had clearly stated at Nsenga’s funeral that Uwera wasn’t to blame for the death of his son.
According to Sserulika, Uwera couldn’t have intentionally killed her husband since she never knew that he was the one opening the gate.
“Evidence on record shows that the shamba boy, who normally opened the gate, wasn’t around and yet from the outside of the gate, she couldn’t tell that it was the deceased who was opening the gate,” he contended.
Sserulika submitted that the evidence of Uwera’s brothers-in-law, Joseph Kananura and Innocent Bisangwa, should be disregarded because they were interested in the property owned by their late brother and his wife. The two had testified that before Nsenga died, he told them that Uwera “has killed me in my own house.”
Sserulika asked court to disregard the statement attributed to Nsenga since it is a common phrase used by people.
“It is normal for people to say that ‘so and so has killed me’ even when they cannot prove the charge of murder,” he said.
The lawyer also said that the evidence of Loreta Mutoni, who testified that at one time Uwera told her she would do “something unbelievable”, should be disregarded.
He explained that Mutoni’s evidence could not be credible because she was having a sexual relationship with Nsenga, meaning she had a personal grudge with Uwera.
“My lord, our client is such a peaceful woman. As you can see, she cannot even slap a housemaid. How could she have killed the man she loved?”asked Sserulika.
He told the judge in the event the murder charges are thrown out, court cannot convict Uwera for manslaughter either.
“This was just an unfortunate accident which cannot be interpreted as murder. I pray that my client is set free,” Sserulika said.
Today, the state, through principal state attorneys Suzan Okalany and Jane Kajuga Okua, will make its final submissions.
Source : The Observer