Kampala, Uganda | THE INDEPENDENT | High court has handed Brian Bagyenda, a pharmacist and two others a 32-year jail term for the murder of his girlfriend Enid Twijukye, a student of Makerere University Business School on January 4th, 2017. The others are Innocent Bainomugisha, a cleaner and Vincent Rwahwire, a casual Laborer.
In his judgment delivered this afternoon, Justice Moses Kazibwe noted that although the defense lawyers tried to convince court that Bagyenda suffered a disease of mind by the time he committed the crime, both prosecution witnesses including Dr. Santos Ojara and Defense witnesses like Dr Brian Mutamba and Sister. Jane Francis Nantamu agreed that depression is not a permanent condition.
He noted that it therefore makes it speculative to argue that Bagyenda couldn’t have premeditated the murder since all medics who testified in the matter agreed that depression isn’t a permanent condition. He also noted that Bagyenda’s actions before and after Twijukye’s murder, clearly indicates that he was in a stable mental state.
Justice Kazibwe also argued that, the fact that the convict checked the deceased’s phone while she was asleep and saw her pictures together with another man, which he forwarded to his own phone, wasn’t something that could be done by someone with mental illness.
Justice Kazibwe also explained that Bagyenda’s actions such as sending his maid to go for shopping in Kalerwe Market all the way from Luzira area and sending her back to buy herself a soda after returning from the market, hiding in Voyeja Hotel where he checked in as John Mugizi clearly, indicate that he knew what he was doing.
Justice Kazibwe also found Rwahwire and Bainomugisha guilty of being active participants in the crime since they received Shillings 30,000 to help in the execution of the deceased. Court heard that Rwahwire held the neck of the deceased while Bainomugisha held her down as Bagyenda suffocated her to death using pillows.
Court also found them guilty of dumping the deceased’s body in Namanve swamp in Mukono District. They were implicated in Bagyenda’s statement to Police. Justice Kazibwe therefore convicted the duo, saying they were not robots to be moved around and should have reported what was happening at Bagyenda’s home to police but instead chose to participate in the crime.
“The offense was grave in nature resulting from undeserving circumstances that lead to ending of life. I therefore find that a custodial sentence is fit for you,” said Kazibwe. Court further heard that basing on the 16 prosecution witnesses; Twijukye’s death was unlawful since it was never sanctioned by the law and that there was malice aforethought.
The deceased’s father, Wilson Tibegaya told journalists after the sentence that it was unfair for the accused persons to be given a similar sentence since they played different roles in the murder of his daughter. He said court should have handed the prime suspect, Bagyenda a bigger sentence compared to his co accused since they worked on his orders.
He also said it is very absurd for Bagyenda’s parents, to have failed to approach him and express sympathy and apologies for the crimes by their children. Bagyenda is a son to Internal Security Organisation boss Rtd Col Frank Kaka Bagyenda.
The accused persons were represented by Allan Sserulika and Nsubuga Mubiru who didn’t speak to journalists after the court session.
The matter was prosecuted by Ag. Principal State Attorneys Joseph Kyomuhendo and Joan Keko.