The Independent Uganda: You get the Truth we Pay the Price
Kampala, Uganda | THE INDEPENDENT | The Court of Appeal has upheld the 14-year jail term handed to Godfrey Wamala alias Troy for his role in the death of musician Moses Ssekibogo, commonly known as Mowzey Radio.
The Court of Appeal on Friday, in a decision by three Justices, Christopher Gashirabake, Dr Asa Mugenyi and John Mike Musisi upheld the sentence handed to Wamala by Lady Justice Jane Frances Abodo on October 28th 2019.
Abodo, who is now the Director of Public Prosecutions, sentenced Wamala to 14 years on charges of manslaughter after finding that he didn’t kill Mowzey Radio maliciously. Abodo, however, deducted the time Wamala had spent on remand and accordingly sentenced him to 12 years, 3 months, and 4 days.
Dissatisfied with the conviction and the sentence, Wamala appealed the sentence in the Court of Appeal.
His appeal was first handled by the retired Deputy Chief Justice Richard Buteera, Lady Justices Monica Mugenyi (who is now in Supreme Court) and Irene Mulyagonja.
In his appeal, Wamala presented five grounds, including arguments that the Abodo erred in law and fact when she convicted him on evidence marred with inconsistencies and contradictions and deliberate lies concerning who witnessed the assault of the deceased, Mowzey Radio.
He also faulted Abodo for having erred by convicting him based on false evidence of witnesses concerning the light at the scene of the crime and that the sentence was harsh given the circumstances.
However, in their decision, Justices Gashirabake, Mugenyi, and Musisi have upheld the decision on the basis that they have not found any reasons to fault her because the sentence was within the range provided for in the sentencing guidelines.
“Before sentencing the appellant, the trial judge considered both aggravating and mitigating factors. She took into account the degree of injury that was inflicted on the deceased, the fact that it was inflicted on the head, and also that the deceased was thrown on a concrete floor, which caused him grave internal injury that occasioned his death,” said the Court of Appeal Justices.
The Appellant Court Justices have added that, on the other hand, High Court Judge Abodo, as she was then, considered that Wamala was a first offender and a young man aged 30 years who was capable of reforming.
“She then handed down a sentence of 14 years, which she considered reformative. She deducted the period spent on remand, leaving 12 years, three months, and 4 days. We cannot fault her on the exercise of her discretion in that regard”, said the justices.
The evidence before the court indicates that on January 22, 2018, Mowzey Radio visited De Bar, a hangout owned by one George Egesa in Entebbe, at the invitation of a female friend, Pamela Musiimire.
He was in the company of renowned producer Washington and a colleague identified as Muhammad Ategek. Mowzey joined Pamela, her sister Rina Namugumya and friends; Hassan Muwonge, Agnes Nakanwagi, Xavier Rukera and Wamala.
The group sat at the same table, but along the way, Radio cracked a bad joke, branding Egesa a poor man who could not afford to buy drinks. To drive his point home, Mowzey bought a bottle of Black Label whisky, which he went on to serve across the table. The rest of it was, in a playful manner, splashed on the table and those around him.
However, the prosecution’s evidence shows that this act angered Egesa, who asked Hassan to throw him out of De Bar. It’s the prosecution’s case that at this point, Wamala grabbed Radio horizontally and hit him on the ground, hitting his head.
Pamela and the others who were in the bar took Radio to Emmanuel Medical Centre before transferring him to Nsambya Hospital and later to Case Hospital, where he eventually succumbed to severe, grievous injuries caused by blunt trauma.
According to the prosecution, Wamala went into hiding and kept eluding police calls throughout the time when Radio was hospitalized. He, however, surrendered himself to the police through his sister Jackie Kayaga Muwanga, who notified the police about his hideout in Kyengera.
Prosecution adds that Wamala summarily admitted having come in contact with the radio and having witnessed the incident of assault that led to his eventual death. However, he denied participation in the offense.
After going through a full trial, Justice Abodo ruled that the prosecution failed to prove to the court beyond a reasonable doubt that Wamala killed Radio but concurred with the prosecution that Wamala participated in the brawl that ended the artist’s life, for which he was granted a 14-year jail term.
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