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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.

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Comments

 
-6 #1 James 2014-07-25 01:22
I'am now convinced without doubt that Uwera is innocent & did not intentionally kill her husband. This prosecution is a result of her in laws having failed to bully her into signing over the estate.

It is evident that she is a God fearing woman. She has been dragged through the mud despite the tragedy that befell hell. Take heart Miss Uwera, as God does not abandon his people. I'am certain she will be vindicated.
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+3 #2 Kiggundu 2014-07-25 02:38
The Uganda police with all its incompetence in investigations, I can guarantee will and can never prove without reason doubt that Nsenga's death wasn't accidental, It will be another missed opportunity for relatives, friends and Ugandans to know the truth about what really happened and why it happened... Note the Ugandan police will be at fault not the wife if set free....
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+4 #3 Mambule Ali 2014-07-25 06:46
James, you must know that what happened to the late Nsenga will one day happen to you. Are you a driver? If no, I will have to excuse you for commenting about the impossibilities but if yes, I will have to pity the driving school where you went.

How can a parked vehicle accelerate itself and run over someone who is on the other side of the gate? Be serious man and remember, Nsenga is somewhere watching what is taking place in the world.
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+6 #4 Lakwena 2014-07-25 10:23
Quoting James:
... It is evident that she is a God fearing woman. Take heart Miss Uwera, as God does not abandon his people. I'am certain she will be vindicated.


James, I am afraid, under the cloak of religion some people hide very heinous crimes. I would rather trust a Mufele because he is honest about being a crook; than trust especially the Born Again type of God-fearing.

In other words, they are neither God-loving, fearing; nor people loving. They are rabidly selfish. Look at what Musisi has been doing to Lukwago!

Therefore it is not self-evident that the woman is God-fearing. In her heart, she can even be God-daring.
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+3 #5 rwamugyemapaul 2014-07-25 10:42
its a pity,but taking the casualty to hospital doesn't mean that the acused dint intend to do it.

and also being saved doesn't mean that one cant sin.therefore those excuses ar not satisfactory.a thorouh investigation is needed for justice to prevail.
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+4 #6 Kent Mawa 2014-07-25 13:25
It is Uwera`s credibility that is questionable. It is obvious that she is avoiding to be truthful. She wants to claim that her relationship with her husband was okey and yet she mentions things that indicate that she potrays herself as "an abused wife".

It is common knowledge these days that wifes who claim to be abused by their rich husbands are more likely to stay and murder the husband or leave and seek divorse.

Uwera stayed and happened to be in the car that "drove itself" and killed her abusive rich husband accidentally ?
I don`t think so.. but she is Kaihura`s sister-in-law...
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+4 #7 Concerned Ugandan 2014-07-25 14:10
Quoting Mambule Ali:
...
How can a parked vehicle accelerate itself and run over someone who is on the other side of the gate? ...


I am afraid I am also of the school of thought that the claim about the vehicle moving by itself is hard to swallow. Most automatic transmission vehicles have safety features that ensure that a vehicle cannot move without deliberate input of the driver.

Uwera's story would have been more credible if she had said that she acted out of anger but without intent to kill. Anger would have been more understandable. After all her own testimony reveals that the marriage was on the rocks.

She would not be the first woman to snap under the strain of a rocky marriage. Over to the prosecution!
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+2 #8 Lakwena 2014-07-25 16:10
[quote name="Kent Mawa" ... It is common knowledge these days that wives (fes) who claim to be abused by their rich husbands are more likely to stay and murder the husband or leave and seek divorce.

Uwera stayed and happened to be in the car that "drove itself" and killed her abusive rich husband accidentally ?
I don`t think so.. but she is Kaihura`s sister-in-law...

There you go Kent Mawa. In other words, the Gen Kayihura thing flows in the blood.

I also saw it written allover the face of CIID chief-witness, non other than Afande Musana son of the gun, whose looks is like one of the Star War characters.
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+4 #9 Betty Nalubega 2014-07-25 16:57
I have carefully followed this story from the first day it was in the news. I am afraid that Jacqueline is not telling the whole truth.

Sadly, she is not the only one that is lying. The Police tried to hide the truth and protect her. I am surpised that no one has mentioned that the police found evidence that she and her dead husband communicated just before the "accident" happened.

There must be a connection between that communication and the "accident".Example: what was the last SMS to him; and what was his response ?

Under cross-examination, Jacqueline makes plenty of allegations against her late husband. She says nothing about her own wild-life before she "turned to God".

If she can hide the truth, she can lie about the motive and other things.
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+2 #10 Patricia 2014-07-25 17:13
How come the first person at the scene of the Murder was Kalyekezi Kaikuzi's wife? does that not tell the whole story? How come the Police refused to follow the DPP's directives? only a blind person can believe this witch.

This is a Bimbo who married for money and seeing as she was a house wife with no source of income on her own knew that if they separated she would walk away with nothing. So she played her cards remember the Shamba boy was conveniently gone to his home when the "accident" happened. Coincidence or what!

Not even knowing how much the man was worth was a sign of the man not trusting her or not taking her seriously, so she decided to go for it.

Sad thing is the man was not as rich she or as her Family thought. Everything Kalyekezi touches turns to crap!
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0 #11 ssendi B. E. 2014-07-25 18:58
She is innocent. Where is the evidence for the "malice aforethought" ingredient?
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-2 #12 James 2014-07-25 20:38
Having read through all the comments, I have observed that all the people baying for Uwera'a blood are men. The attitude being portrayed is that because she is female she must be devious.

However, as stated, Mr Donati Kananura at the church service said it was an accident & that she must hand over the property. When she placed a caveat, according to Donati Kananura, it then became premeditated murder.

I bet all of you, she will be vindicated. About the car moving itself, unless you are naive, these things happen as I have personally seen a car reverse itself in a wall. You people don't seem to realise the junk on Ugandan roads.
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0 #13 oliva 2014-07-25 21:01
IF I were on the jury, this woman is NOT GUILTY of capital murder.

But note that NOT GUILTY does not mean INNOCENT. Only herself knows the truth.
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+2 #14 wodgot 2014-07-25 21:04
I need to understand the terrain on which that particular gate is built, so that I believe it's an accident. If it slopes towards the road, then the car was on neutral gear and the hand brake was engaged, before she went to press the bell.

And secondly, the car would require more power to climb the hill. If it's a flat terrain, she wouldn't need a lot of power because it starts to roll when hand brake is released.

I could punch multiple holes on her statements and show the whole world that she acted out of temper,hate and jealousy.I can't also rule out that it's a premeditated accident, similar to those which happened to the likes of Dr Olara Otunu, Col. Gad Toko, Francis Ayume and Bidandi Ssali.

The only difference between them is that Juvenal wasn't a politician. Hello! don't forget that this lady is a niece to the Inspector General of police, suggesting that Blood is thicker than water!
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+1 #15 Jogo La Samba 2014-07-26 01:56
James, is Betty Nalubega a man? What about Patricia?

Well the thing is, Uwera is a killer; she has has killed Juvenal.

Well may be God will forgive her if she decides to live after she is executed, by making a will donating her organs!
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-1 #16 James 2014-07-26 02:58
Those who still think it's not about property:

By Andante Okanya


The Attorney General (AG) has formed two committees to explore ways of reaching an out-of-court settlement regarding the death of businessman Juvenile Nsenga.

The revelation was made at the High Court in Kampala by Geoffrey Madette, a state attorney.

He told court presided over by Justice Albert Rugadya Atwooki that the committees comprises officials from the Directorate of Public Prosecutions, office of the Inspector General of Police, and the Directorate of Civil Litigation in the AG’s

Recently, Nsega’s brothers, Innocent Bisangwa and Joseph Kananura, petitioned court over the incident.

The parties in the case had convened for hearing of an application in which Nsenga’s family is asking court to compel the Police to produce Uwera in court as directed by the DPP in February.
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+1 #17 Yumber 2014-07-26 12:11
Uwera's lawyer is working against the client.

His arguments are too weak to make credible defence.
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+1 #18 Karl 2014-07-26 12:12
Quoting Concerned Ugandan:
Uwera's story would have been more credible if she had said that she acted out of anger but without intent to kill. Anger would have been more understandable. After all her own testimony reveals that the marriage was on the rocks.

She would not be the first woman to snap under the strain of a rocky marriage. Over to the prosecution!


My understanding is that in law it is murder regardless of intent. If you beat up your wife/ child and she dies due to your beatings you can be convicted of murder even if in your anger you were trying to discipline her.
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+1 #19 Betty Nalybega 2014-07-26 13:28
Ssendi:"She is innocent. Where is the evidence for the "malice aforethought" ingredient?"

As long as there is a dead person that was killed by a car that was driven by a defendant, there is no "innocence`" Luzira is full of prisoners that were sent there for causing deadly accidents.

The evidence and motive comes directly from the defendants mouth. She says that the man was cheating and mistreating her so much so she was forced to seek help from his family is vain.

She then "turned to God" but that does not mean that he changed. She claims that she ´"loved him" but he didnt.She says that she was the tycons wife who had to ask him for money to pay the shambaboy who was going to attend a funeral.

Inpite all this "suffering" Uwera never said that she wanted to leave him.
To many of us in the public court, she is the sort that would kill the rich but abusive husband.And that is what she did.

Of course the courts might see it differently.
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+1 #20 Betty Nalybega 2014-07-26 13:52
Relax James !

women have sons and brothers who could be run-over by "accident". Juvenal was a woman`s son.

Not that the state prosecutor who wants to send Jacqueline to jail is a woman too. It is in the interest of women that when they realize that there is domestic abuse or violence, they seek help instead of waiting for the anger within them to explode.

If we are to believe jacqeuline`s testimony, she had all reasons to be traumatized by her man`s behaviour. For some reason, she chose to sitt and take it. It this case, the end does not justify the compromise.

You are right: it is about property. It is logical that the victims family would not naturally like to see his property taken over by the young party- wife who actually killed him.

In some cultures,the fact that he died at her hands would automatically disqualify her from sharing his left fortune.
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