The High Court in Kasese has sentenced three men to 15 years in prison over robbery.
Ibrahim Ssenfuka, Isima Ssenyonga and Adam Kalanzi were indicted with two counts, Count I of Aggravated Robbery Contrary to Sections 285 & 285 (2) of the Penal Code Act, and Count II of Conspiracy to commit a Felony Contrary to Section 390 of the Penal Code Act.
Prosecution proved beyond reasonable doubt that the accused persons and others still at large on April 10, at Bwera, Kasese District robbed Enos Bwambale of 14605 Kgs of unprocessed coffee valued at Shs50,230,000, a mobile phone worth Shs70,000 and cash Shs160,000.
And during the robbery, it was found that the trio caused grievous bodily harm on Bwambale.
Bwambale told Court that he first saw the accused persons when they came asking for jobs at his work place, to transport coffee to Kampala. On the fateful day, they loaded the coffee and he went along with them to Kampala on the instructions of his manager.
On the way the vehicle was stopped and Ssenfuka and Kalanzi pulled him out of the vehicle, slapped him and carried him to the bush and sprayed him with chloroform.
However, Ssenfuka confirmed that only Ssenyonga was present when they were loading the vehicle with coffee and only heard about in Court, contradicting his earlier statement.
But one of prosecution witness, Gera Bosco told Court that only Ssenfuka was known to him because he is the one that came with a driver and a tata lorry, they loaded the coffee and were paid money for hiring the lorry.
That on the fateful day he was called by Kalanzi informing him that they had gotten a puncture but then never got any other communication until 14/4/2014 when he saw Bwambale staggering in Bwera town.
He was then taken to Hospital and a complainant lodged at Police. Gera further told Court that he was given Ssenyonga’s number by a Police Officer from Kampala who told him that he was linked to the theft of his coffee. Ssenyonga was known to him as a broker of trucks and Lorries.
He then reported to Police and Ssenyonga was arrested together with Kalanzi at his hotel. Gera confirmed to Court that Ssenyonga pleaded with him that he had been given Shs2million but he did not know how Kalanzi was arrested.
Another witness, Kibuka Mbaaga told Court that it was Kalanzi that sold to him Coffee on 14/4/2014 at Kyazanga Trading Centre through Mzee Kasaija. That he always bought coffee from and he was paid through Centenary bank and also by cash.
Hakim Adam, the Investigating Officer told Court that on 22/4/2014 the Police flying squad arrested Ssenfuka who led Police to the whereabouts of the lorry. Ssenfuka was arrested in Kawempe and was later transferred to Kasese Police Station and confessed to the theft and the involvement of Ssenyonga and Kalanzi in the same.
Dianah Kabanyoro, a banker confirmed to Court that A3’s bank account received large sums of money on various dates and and had a balance of Shs40million.
The trio denied committing the offence. Ssenfuka brought one witness, his wife, a one Kabugho Yamula who told Court that on the fateful day she was with him.
Musa Kalanzi testified on behalf of Kalanzi, his father confirming that the accused was with him in the store on that fateful day and they do sell produce among which is coffee.
“Although there were other people involved in the robbery who were never arrested, each of the accused persons is deemed to have committed the offence under the doctrine of common intention as per Section 20 of the Penal Code Act, Andrea Abonyo & Others versus Republic. The accused persons in the instant case all raised a defence of alibi. The accused has the duty of raising the defence but has no duty of proving it. The accused persons gave their evidence, A1 and A3 even brought witnesses to aid them in their defence however I observed the demeanour of DW4 and she did not seem truthful by her conduct. She was laughing about like, it was a joke and not a serious matter. I did not find her credible and nor her evidence reliable.
“The evidence of DW5 was also full of contradictions and false hoods. In the circumstance I find that all the accused persons were sufficiently proved to have participated in the offence of aggravated Robbery by the Prosecution. This is a serious offence which attracts a maximum sentence of death and should be discouraged. However, I have taken into account the time the convicts have been on remand, their advanced age, their sicknesses, and families. I therefore sentence each of them to 10 years imprisonment on Count I and on Count II I sentence each of them to 5 years imprisonment and also to refund the money worth UGX 50,460,000/= upon completion of their sentence. Both sentences will run concurrently,” reads a court ruling by justice, Anthony Ojok.
Anna Kiiza, Resident Senior State Attorney appeared for the State and Counsel Edgar Tukahabwa for the accused on State Brief.
