The courts of law last week delivered major developments across criminal, commercial and corruption cases, including the sentencing of nine people convicted over the 2018 kidnapping and murder of accountant Susan Magara, the dismissal of a Shs 68 million claim against Stanbic Bank and testimony from Gen Edward Katumba Wamala in the trial over the 2021 attack that killed his daughter and driver. MAGARA KILLERS SENTENCED Eight years after accountant Susan Magara was kidnapped and murdered in a ransom operation that shocked Uganda, the High Court last week sentenced two of the nine people convicted for her killing to death, and handed life imprisonment to seven others. Justice Alex Mackay Ajiji sentenced Hajarah Nakandi and Abbas Musa Buvumbo to death, finding that they played the most direct roles in Magara’s abduction, captivity, torture and murder. Yusuf Lubega, twins Hussein Wasswa and Hassan Kato Miiro, Muzamir Ssali, Muhammad Kisalita, Abubakar Kyewolya and Ismail Bukenya were sentenced to life imprisonment for their respective roles in the wider criminal enterprise. The judgment brought to a close a case that began on February 7, 2018, when Magara, 28, was abducted while driving home in Kampala. Her kidnappers initially demanded between $1 million and $1.5 million, before reducing the ransom to $200,000 – about Shs 700 million at the time. Her family eventually paid the money, hoping it would secure her release. Instead, Magara was killed on February 27, 2018. The prosecution called 46 witnesses and presented more than 80 exhibits, including telephone records, forensic reports, financial documents, land records and motor vehicle records. Justice Ajiji described the offences as “horrific, brutal, callous, premeditated, calculated and pre-planned” and classified them among the “rarest of the rare” cases, warranting the maximum punishment. While defence lawyers pleaded for lighter sentences, the judge said the severity of the crimes and the convicts’ roles justified the sentences handed out. COURT DISMISSES SHS 68M CLAIM AGAINST STANBIC BANK In another ruling last week, court dismissed a Shs 68 million claim against Stanbic Bank after finding that the customer had failed to prove that the lender breached its duty of care when money was withdrawn from her account without her authorisation. Nakku Joweria had sued the bank after Shs 68 million was taken from her savings account through 17 transactions on the Flexipay platform between February 7 and 8, 2023. She had maintained that she never registered for the service or approved the transactions and that her phone had been lost before the withdrawals occurred. She had sought a refund of the money with 21 per cent interest, general damages and costs, arguing that the bank should have detected and stopped the transactions. Stanbic Bank, however, argued that Nakku’s credentials, including her national identity card, were used to register for Flexipay after her phone was lost. The bank also pointed out that she had reported the loss on March 6, about a month after the transactions had occurred. Justice Dr Ginamia Melody Ngwatu found that although the bank had owed Nakku a duty of care as its customer, she had not established that the duty had been breached. The judge considered an audio recording in which Nakku had explained that her national ID was kept behind her phone and that she remained in contact with the person who had the phone. The account had also contained inconsistencies concerning when she reported the loss to police. The court found that the transactions had undergone the bank’s standard authentication process, with validation codes sent to the registered phone number, and that there had been no clear indicators requiring the payments to be treated as suspicious. Justice Ngwatu held that a bank could not automatically be held liable for unauthorised transactions where a customer’s authentication credentials had been compromised and no failure in the bank’s duty had been proven. KATUMBA RELIVES HORRIFIC 2021 ASSASSINATION ATTEMPT In other court news, Public Service Minister Gen Edward Katumba Wamala appeared before the International Crimes Division of the High Court and gave evidence in the trial of six men accused over the 2021 attempted assassination against him. Katumba recounted how gunmen attacked his convoy along Kisota Road on June 1, 2021, killing his daughter, Brenda Nantongo Wamala, and his driver, Sgt Haruna Kayondo. He told court that he was also shot during the attack and later received treatment at Malcolm Clinic before being transferred to Medipal International hospital. His testimony formed part of the prosecution’s case against Muhammed Kagugube, Kamada Walusimbi, Silman Kisambira, Abdulaziz Ramathan Dunku, Habib Ramathan Marjan and Muzaifa Wampa, who had been charged in connection with the attack. The proceedings were conducted before Justices Winfred Nabisinde, Susan Okalany, Richard Wejuli Wabwire and Vincent Wagona. CHRIS OBORE, SIX OTHERS COMMITTED TO HIGH COURT Former Parliament Director of Communications and Public Affairs Chris Obore and six other Parliamentary officials were committed to the High Court to stand trial over corruption charges linked to the alleged misuse of billions of shillings. The group faces charges of embezzlement, causing financial loss and money laundering. The prosecution alleges that the accused received money meant to finance Parliament’s donations and Corporate Social Responsibility (CSR) activities, but failed to implement the programmes, resulting in a Shs 27.201 billion loss to government. Those committed alongside Obore include former Director of Human Resource Daniel Adilo, former Executive Secretary to the Speaker Leonard Okema, Rajab Kaaya Ssemalulu, Vincent Otebata, Methods Mureebe and Emmanuel Okwi. The prosecution had separately accused Adilo of embezzling Shs 14 billion, Kaaya of taking Shs 2.1 billion and Okema of embezzling Shs 3.4 billion. Obore, Adilo, Okema, Kaaya, Otebata and Mureebe had also faced money-laundering charges. The committal followed earlier proceedings in which the accused had sought bail. Their lawyers had argued that they had fixed residences, substantial sureties and strong ties to Uganda. The Inspectorate of Government had opposed the applications, arguing that investigations were incomplete and that some of the accused could interfere with witnesses, several of whom were Parliament employees. UGANDANS RALLY BEHIND SPIRE TO RAISE COURT FINE By Monday midday, all Shs 30 million Dr Jimmy Spire Ssentongo needed for his contempt of court fine, had been raised by well-wishers, less than 48 hours into his fundraising appeal. The fundraising followed a High Court decision to fine Ssentongo, after finding him in contempt of an earlier court order issued in a case filed by Kampala International University (KIU). High Court registrar Kintu Simon Zirintusa had earlier ruled on June 18 that Ssentongo had continued publishing and circulating material concerning the university, despite an order issued in December last year restraining the publications. The court ordered Ssentongo to pay a Shs 10 million fine within 14 days, with a three-month civil prison term, should he default. He was also ordered to pay KIU Shs 20 million in punitive and exemplary damages, as well as costs of the application. The ruling followed KIU’s application seeking enforcement of the earlier order. The university had also sought Shs 1 billion in punitive and exemplary damages and a Shs 200 million fine. Despite him filing an appeal, court rejected Ssentongo’s position, noting that an appeal did not automatically suspend the order without a stay. Exiled lawyer Eron Kiiza then sent out an X post, appealing to Ugandans to stand with Spire financially, announcing that a fundraising drive would kick off on Monday, for two weeks. However, within 24 hours, journalist and lawyer Agather Atuhaire had collected Shs 24 million on Spire’s behalf, and another six million a few hours later, cementing the lecturer, activist and cartoonist’s immense social capital. devonssuubi@gmail.comThe post Court wrap up: Dr Spire Ssentongo followers set fundraiser record appeared first on The Observer Media Ltd.