A boda boda rider has told court that his motorcycle was on the fateful night hired by one of the suspects and later used it in the kidnap of social worker Maria Nagirinya and her driver Ronald Kitayimbwa.
Testifying as a state witness, 25 year old Denis Ssempijja, a boda boda rider at Sendegeya stage in Busega said he had known Nassif Kalyango alias Muwonge for over a year as they stayed at the same village.
The witness however told court that Muwonge was not a boda boda rider by then.
He said on the fateful day, as he usually did, he hired his motorcycle, a Bajaj Boxer registration number UEJ 395G to Muwonge for use at night and return the following day.
“He was to use it at night and return it the following day at 6am but he didn’t tell me what he was going to use it for and where to use the motorcycle,”Ssempijja told court.
“He returned the motorcycle the following day. I never saw him again.”
The witness however told court that weeks after the incident police raided his home and had him arrested.
“The police told me my motorcycle had been used in the commission of the crime( kidnap and murder). The motorcycle was impounded and taken to Katwe police station as I was also detained.”
In cross examination, the key suspect, Copriyam Kasolo asked Ssempijja whether he had a rider’s permit to allow him ride but answered in the negative.
He was asked to present a written agreement to confirm that he had hired the said motorcycle to Muwonge but the witness didn’t have it.
Defence counsel, Julius Sserwambala asked the witness to confirm whether he had indicated in his statement that earlier in January 2019, before the kidnap, Muwonge was riding the motorcycle for one Richard .
“Yes, he used to give him a motorcycle but I didn’t know he was a boda boda rider,” the witness told court.
During cross examination, the witness also told court that he used to hire his motorcycle for shs10,000 per night and use it before returning it the following morning.
He also told court during cross examination that his home and that of the suspect Muwonge were near each other in a distance of about 100 metres.
Exchange
However, there was a friendly exchange after the defence lawyer, Julius Sserwambala sought to have the statement made by the witness be used as a defence exhibit.
The request was objected to by the state prosecutors led by Chief State Attorney Jonathan Muwaganya who told court that the same can’t be relied upon without presenting the police officer who recorded it.
“Police statements are not a thing that can be casually tendered as evidence to court. The defence ought to present the recording officer to own it,” Muwaganya said.
Speaking in response, defence lawyer Sserwambala said the witness had made admission to the statement and it is therefore authentic.
He asked court to admit it as a defence exhibit.
Justice Isaac Muwata adjourned the case to Tuesday, March 14 to give his ruling on the matter before trial resumes.
Five people including , Copriyan Kasolo, alias Arsenal, a shoe hawker in Nateete; Johnson Lubega alias Rasta unemployed; Nassif Kalyango alias Muwonge and Hassan Kisekka alias Masadda both boda-boda riders in Kitaka Zone in Nateete and Sadat Kateregga’s alias Baros are currently undergoing trial for kidnap, aggravated robbery and murder of Nagirinya and her driver Ronald Kitayimbwa which happened in 2019.
Their co-accused, Isaac Ssenabulya, alias Kisunsu earlier pleaded guilty to the charges and was sentenced to 40years imprisonment.
He was used as a state witness
