The Appellant Court has heard the Jacqueline Uwera Nsenga appeal against High Court judge, Duncan Gaswaga decision.
Justice Gaswaga convicted Nsenga of murder of her husband, Juvenal Nsenga .
In 2014, High Court judge, Duncan Gaswaga convicted Uwera Nsenga of deliberately killing her husband by running over him with a vehicle as he opened their home gate in Bugolobi, Kampala on January 10, 2013 for her to enter.
Basing of 15 witnesses, who included relatives and those who had stayed with the family Justice Gaswaga said, Mrs. Nsenga intended to kill her husband as evidenced by the way she drove at breakneck speed of 45km per hour in their compound. The judge said the car dragged Mr Nsenga for a distance of 10.7 meters from the gate.
He noted that none of the family members ever reported the matter to police. Further, that it was the police that requested them to make statements immediately after returning from the burial in the village.
Appearing before court, Ms. Nsenga who was represented by David Mpanga, said trial judge erred on the law when he replied on an equivocal out of Court statement of the deceased to convict the appellant.
“The learned trial judge erred on the law and in fact when he failed to evaluate evidences adduced at the trial and apply it to the law of offence of murder and erred in the law when he shifted the burden of proof from prosecution and placed it on the appellant,” reads in part of the appeal.
She now wants court the conviction of High Court be quashed and the sentence be set aside.
Attachments area
| ReplyForward |
