By Sania Babirye
The three court accessors in a murder case of Kampala businesswoman Donah Betty Katushabe have asked court to dismiss all murder and kidnap charges against the accused persons led by pine car bond proprietor Muhammad Ssebuufu.
Rehema Babirye, Wasimila Joseph and Betty Bogere told court that prosecution failed to adduce evidence that warrants the suspect’s conviction.
The accessor have relied on one of the evidence of Ssebuufu’s lawyer Brian Tindyebwa in which he testified before court that his client spent that entire day at Mengo Magistrate court in a land case.
The accessors have also advised court to dismiss the kidnap charge on grounds that the deceased had herself requested to be taken to pine car bond instead of CPS when the accused persons together with police allegedly came to arrest her from her home.
Justice Ssenoga has now set the 30th of May 2019 to deliver her judgement.
On the 8th of January this year, in an effort to further prove his innocence, pine car bond proprietor Muhammad Ssebuufu produced his lawyer Tindyebwa as his witness to prove that he was not near his alleged murder victim on that fateful day.
Ssebuufu and seven others are charged with murdering Kampala businesswoman Donah Betty Katushabe; over a 9 million shillings car debt in 2015.
Brian Tindyebwa informed Kampala high court judge Anglin Flavia Ssenoga that on that fateful day, his client spent the whole day at Mengo magistrate court in land case.
He explained that although he had asked his colleague to sit in for him because he had another case, he later joined Ssebuufu and sat behind up to three pm when the case ended.
Ssebuufu had denied to have been near Donah Katushabe or his other co accused when the incident happened claiming that he left Mengo after the case and reached at his car bond around six and found the victim there and later called the former Police commander of CPS Aron Baguma to intervene in the matter.
Ssebuufu closed his defense and the judge ordered both parties to submit their final submissions basing on the evidence presented on why him and his co accused should be acquitted or convicted.
Prosecution closed its case with 26 witnesses and his co accused include a private guard Godfrey Kayiza,Steven Muwanga, a Congolese national Mirambe Phillip, a crime preventer attached to CPS Paul Tasingika among others.
On the 4th of December 2018, Ssebuufu began his defense and choose to give un sworn in defense in which prosecution did not have to cross examine him.
In October this year, justice Anglin Flavia Ssenoga ruled that Ssebuufu had a case to answer on grounds that prosecution had adduced sufficient evidence to prove that Ssebuufu and his co-accused tortured to death the victim on the 23rd of October 2015 after failing to pay a debt of 9 million shillings over a car.
Sebuufu had initially been charged with the former Kampala CPS DPC Aaron Baguma over Katusabe’s kidnap and murder but later the DPP without giving any reason to court dropped charges against Baguma and continued with the trial of Ssebuufu and the rest, at the beginning of the trial this year .
According to evidence presented by prosecution, the deceased purchased a car at pine car bond at 13 million but only managed to pay five million.
That after failed attempts by Ssebuufu to have Katushabe pay the remaining UGX 9millions, he instructed his security guards to pick up the victim from her home in Bwebajja along Entebbe road on that fateful day.
Prosecution states that after kidnapping Katushabe, she was taken directly to Ssebuufu’s office from where she was kicked and beaten with sticks there by causing grievous wounds to her body which led to her death.
However Ssebuufu denies the allegations and he is currently out on bail.