Army veteran’s tip leads detectives to armed robbers
At
about 3pm, Kawaala Police Post received a case that an aggravated robbery case
had been committed at a residence of John Mugarura at Kirinya-Bigo in Mutundwe,
a Kampala suburb on June 8, 2012. Mugarura, the complainant, told police that
robbers armed with a machete and two heavy stones had gained access to his
compound, while he was away, and attacked his wife, Josephine Ayebare. Mugarura
said the three robbers beat up Ayebare then tied her up before carrying out the
robbery. They used the heavy stones to hit open a door of a room where cash to
the tune of Uganda Shs60m, Tanzanian Shs110, 000 and Kenyan Shs2, 200 had been
kept. The robbers picked all the money before sweeping the room clean. They
went away with his TV set, a radio, a computer, DVD player, three mobile phones
(Nokia 1600, Nokia CZ and Techo), and a log book of motor vehicle. Kawaala
Police Post detectives were puzzled that the incident of such magnitude can be
done during day time without any alarm. To their surprise, it had also happened
in a residential area and any alarm could have easily attracted help. They sought
an interview with Ayebare to have a better understanding of what happened.
Ayebare told them that the thugs suddenly ambushed her with a machete. She told
detective that she was overwhelmed and couldn’t make an alarm because her
attackers had warned her of the consequences. Ayebare said her attackers tied
her with a rope before carrying out the robbery. Ayebare described in details
how the attackers looked like. She said the group was led by a one-eyed man.
The second attacker had a rare style of beard and the third had a mark on the
forehead that indicated that he could have been a Muslim. She said none of the
suspects had covered his face. Moments after the thugs had left, Ayebare
secured her freedom. Then police were involved. Scene of Crime Officers (SOCOs)
rushed to the scene to pick any exhibits or evidence the suspect could have
left behind. The SOCOs’ findings didn’t help much to aid investigations. Kawala
detectives’ first line of investigation was that it was an inside job since the
robbers were so specific in their target. Investigators didn’t get any headway.
The case stalled.
Weeks
passed as one lead after another collapsed. The file remained open without any
suspect or exhibit recovered. The detective’s vigor dropped. A month or so when
the file had gathered inches of dust on the shelf, a light of hope was seen. A UPDF
veteran, Paul Ssebuggwawo, came with tip to officers at Nateete Police Station.
Ssebuggwawo had overheard a resident, Badiru Kiwanuka bragging that he had
executed a mission in which he made a lot of money. Kiwanuka gave details of
the exact residence where the crime was committed. Ssebuggwawo couldn’t allow
such important details to go unreported. He tipped police officers.
Detective
Constable Jennifer Nandia was assigned to follow up the case. Nandia acted
fast. She recorded
Ssebuggwawo’s
statement that set off a new investigation. She also sent a team directed by
Ssebuggwawo to where Kiwanuka was and he was arrested and taken to Nateete Police
Station. During interrogation, Kiwanuka was uncooperative. He told Nandia that
he wasn’t in Mutundwe on the day the crime was committed. Kiwanuka was sure the
detectives didn’t have evidence implicating him in the robbery since all his
accomplices had pledged never to reveal details to anyone. To his shock, Nandia
told him about his role in the crime.
The
next morning, Nandia invited Ayebare at the police station for an
identification parade. In the identification parade, Kiwanuka was put among
several people. Ayebare was asked to point at the person who could have
attacked her at home. She pointed out Kiwanuka. She was able to give details of
his role during the robbery. Kiwanuka was a one-eyed man. Ayebare said Kiwanuka
was the one who had a machete and gave orders to the other two thugs. A new
lead had borne Nandia fruits. She tasked Kiwanuka to take her to his home for a
search. After the search, they didn’t recover any exhibits. Detectives talked
to the neighbors whether they knew people with nicknames Kalevu and soldier,
who visit Kiwanuka. The neighbors said they hear about the names. Nandia asked
them if they knew their whereabouts. Unfortunately, none had his contact or
knew their whereabouts. Nandia returned to her station with her suspect. She
tasked Kiwanuka to reveal the whereabouts of his accomplices and the money that
was robbed. Kiwanuka had finally been trapped. He agreed to be cooperative.
Confession
He
told Nandia how the robbery was planned and executed. Nandia, being at the rank
of a constable, she sought the help of an officer at the rank of Assistant Inspector
of Police (AIP), who is allowed by law to record a charge and caution statement
from a suspect. Detective/AIP Rose Musenero sat down Kiwanuka for his
statement. Kiwanuka said the robbery was planned and executed by him, Hussien Kauma
and Badiru Mutesasira. “We climbed the perimeter wall of the victim and landed on
the ground. We then tied her
(Ayebare)
and opened the door. We picked the money and fled,” Kiwanuka said. Kiwanuka
said after taking the money and appliances, he took his share of Shs13m and the
other got the rest. He said he used the money to buy two motorcycles, which he hires
out. Detective Nandia sent officers who impounded the motorcycles and arrested
the cyclists. As Nandia was preparing to hunt for the identified suspects,
another chance opened up. A group of men visited the police to rescue the
motorcyclists who had been arrested supposedly on traffic offences. One of them
identified himself as Hussein Kauma. Kauma never left the police station. He
was quizzed about the robbery case in Mutundwe. He denied his involvement. He
hadn’t got information that
Kiwanuka
had been detained at Nateete Police Station. Kiwanuka was moved from the cell
and he identified Kauma as his associate in the crime. Ayebare was again
brought and a suspect’s parade in which Kauma was lined up with others was
done. She was able to identify Kauma as one of the attackers. Kauma was also
taken for a search. Neither the machete used in the robbery nor any other
stolen items were recovered.
The
rumor of the arrest of Kauma reached Badiru Mutesasira. He went into hiding.
Detectives had to look for him. Finally, he was sighted in a bar and detectives
raided it and arrested him. Mutesasira also denied participating in the crime.
But the detectives had already got an admission from the prime suspect. Ayebare
also identified Mutesasira as the third attacker. All the suspects had already spent
the money and sold off the electronics. After piecing up all the evidence,
Nandia submitted the file to the State Attorney. Kiwanuka,
Kauma
and Mutesasira were presented in court on charges of robbery, but the file was
later amended to aggravated robbery.
Ruling
The
accused, including Kiwanuka, who had made an admission, denied the charges.
Their strongest point in their defense was that the prosecutor had not brought
in court the weapon the victim claimed they used in the said offence. They said
the complainant wanted to frame them since he didn’t provide any receipt for
any of the items he claimed was robbed. Justice Joseph Murangira crushed their
defense, saying that the evidence presented put them at the scene of crime. He
convicted the trio of aggravated robbery and sentenced each to 17 years in jail.
The Penal Code Act cap 120(as amended)
provides for Aggravated Robbery under section 286(2) states
that where at the time of or immediately before or immediately after the time
of robbery, an offender is in possession of a deadly weapon or causes death or
grievous harm to any person, the offender or any other person jointly concerned
in committing the robbery shall on conviction by High court be liable to suffer
death.
Section 286(3)
of the same Act defines a deadly weapon to include an instrument made or
adapted for shooting, stabbing or cutting and any imitation of such an
instrument which when used for offensive purposes is capable of causing death
or grievous harm.
For
prosecution to secure a conviction on Aggravated robbery, there must be proof
that there was a theft of property belonging to the victim, use of violence or
threat of use of violence during the theft, possession of a deadly weapon
during the theft and that the accused participated in the theft.
In such an instance for impartial
lawyers to assist you;
Step 1
They
would advise you to report the incident at the nearest police station.
Step 2
They
would advise the Police to conduct thorough investigations and ensure that all
relevant investigative techniques are promptly carried out.
Step 3
They
would advise the DPP to adduce strong evidence to place the accused at the
scene of the crime to discredit his alibi. This is based on the fact that the
Burden of Proof is on the Prosecution to prove all the elements of the offence
to the threshold of proof beyond reasonable doubt.
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