After prosecution led by Thomas Jatiko cross examined Daniel Kisseka Kiwanuka, defence lawyer in the Joan Kagezi murder trial Elizabeth Nampora had an explosive cross examination session against the convicted state witness.
Here is an excerpt from the exchange.
Elizabeth Nampora: You say you have ever committed crimes with these three?
Daniel Kisseka: Yes.
Elizabeth Nampora: Were you sentenced?
Daniel Kisseka: No. But the other three were sentenced.
Elizabeth Nampora: Why were you not sentenced?
Daniel Kisseka: I did not admit the charges leveled at me. The others accepted.
Elizabeth Nampora: Which cases were they?
Daniel Kisseka: Robbing a Microfinance bank and motorcycles.
Elizabeth Nampora: What sentence were they given?
Daniel Kisseka: The prisons officer that went with them told me they were sentenced to 10 years in prison each.
Elizabeth Nampora: Which year was that?
Daniel Kisseka: That was in 2008.
Elizabeth Nampora: Do you know if they served this sentence to completion?
Daniel Kisseka: Yes. They did their sentence.
Elizabeth Nampora: When did you last interact with the accused persons?
Daniel Kisseka: I last interacted with them in 2008 when we were in court.
Elizabeth Nampora: You told court that you were sentenced, is it true?
Daniel Kisseka: No. I was not sentenced because I escaped from prison.
Elizabeth Nampora: Have you ever been in Makindye prison?
Daniel Kisseka: Yes. I have ever been there.
Elizabeth Nampora: When did you go there?
Daniel Kisseka: I was there in 2007.
Elizabeth Nampora: Why were you taken there?
Daniel Kisseka: I had been taken there because of cases related to armed robbery.
Elizabeth Nampora: Were you tried for that offence?
Daniel Kisseka: I was not tried because I was on remand.
Elizabeth Nampora: And when did you get out?
Daniel Kisseka: I escaped in November 2011.
Elizabeth Nampora: And all this time you had not interacted with accused persons?
Daniel Kisseka: I only interacted with Nasur Abdallah.
Elizabeth Nampora: But you just told court Nasur was in prison, how did you interact?
Daniel Kisseka: I called a prisons officer and it is through him that I talked to Nasur Abdallah.
Elizabeth Nampora: Which year was that?
Daniel Kisseka: It was in 2012.
Elizabeth Nampora: Did you know Joan Kagezi as a person?
Daniel Kisseka: I didn't know her but Kibuuka told me she was a judge at that time.
Elizabeth Nampora: Does any of the accused know Joan Kagezi at a personal level?
Daniel Kisseka: Kibuuka is the one who knew her.
Elizabeth Nampora: What was the relationship between Kibuuka and Kagezi?
Daniel Kisseka: The person who had brought the job (of murdering) Kagezi showed him who she was.
Elizabeth Nampora: That person that brought the job, how did he know Kagezi?
Daniel Kisseka: I think he had a relationship with the Moslems.
Elizabeth Nampora: Were you there when that person was showing Kibuuka who Joan Kagezi was?
Daniel Kisseka: I was not there but Kibuuka told me.
Elizabeth Nampora: Are you sure the person (who brought the job) has a relationship with Moslems?
Daniel Kisseka: I was also told.
Elizabeth Nampora: What religion was that person?
Daniel Kisseka: I don't know.
Elizabeth Nampora: Then how do you be sure he has a relationship with the Moslems?
Daniel Kisseka: I don't know.
Elizabeth Nampora: What religion is Kibuuka?
Daniel Kisseka: I know him as Kibuuka but I can't tell where he used to pray.
Elizabeth Nampora: To the best of your knowledge what religion is the name John?
Daniel Kisseka: It can be given to both Catholics and Protestants.
Elizabeth Nampora: What religion is Masajjage?
Daniel Kisseka: He could be Catholic or Protestant.
Elizabeth Nampora: What religion is Abdallah?
Daniel Kisseka: He is Moslem.
Elizabeth Nampora: This person (who brought the deal) you keep talking about, do you know that person?
Daniel Kisseka: I know the person.
Elizabeth Nampora: Who is that person?
Daniel Kisseka: That person that brought the job is called Nickson.
Elizabeth Nampora: And to the best of your knowledge is the name Nickson for Moslems?
Daniel Kisseka: Nickson is a Christian name.
Elizabeth Nampora: You told this honourable court that the day Kagezi was assassinated you were around?
Daniel Kisseka: I was present.
Elizabeth Nampora: Is there any property that was damaged?
Daniel Kisseka: I only saw the car (damaged).
Elizabeth Nampora: You said that on that day you were putting on a blue shirt?
Daniel Kisseka: Yes.
Elizabeth Nampora: You said you were holding a gun?
Daniel Kisseka: True.
Elizabeth Nampora: You said you were holding a gun. How were you holding it?
Daniel Kisseka: With my shirt.
Elizabeth Nampora: How do you hide a gun with only a shirt on?
Daniel Kisseka: I was covering it with the shirt while sitting on a motorcycle.
Elizabeth Nampora: You still insist your shirt hid it?
Daniel Kisseka: Yes.
Elizabeth Nampora: Confirm to this court that what happened in Kiboga was true.
Daniel Kisseka: I confirm.
Elizabeth Nampora: Were you there?
Daniel Kisseka: No.
Elizabeth Nampora: So you were just told?
Daniel Kisseka: Yes.
Elizabeth Nampora: Do you think that any of the accused persons had a personal grudge with Kagezi?
Daniel Kisseka: I don't think so. They were only executing the job.
Elizabeth Nampora: You told court that you were going to be paid after the assassination. How much money was it?
Daniel Kisseka: $200,000.
Elizabeth Nampora: Can you confirm to this court whether you and the accused persons received the payment?
Daniel Kisseka: We didn't receive that money.
Elizabeth Nampora: You told the court that you agreed not to meet or talk for a year after. But then you told the court that you met right after before a year elapsed. So you confirm that?
Daniel Kisseka: I don't understand the question.
Elizabeth Nampora: Have you told court today that you met before a year elapsed?
Daniel Kisseka: After how long did you meet?
Elizabeth Nampora: The next day. And that was in less than one year? Yes or no?
Daniel Kisseka: True. It was before a year elapsed.
Elizabeth Nampora: You also told court that you will not have phones except Kibuuka. But again you told court that Nasur was communicating with Kibuuka. Yes or no?
Daniel Kisseka: Yes.
Elizabeth Nampora: Were you personally there in Bunamwaya?
Daniel Kisseka: I was not there.
Elizabeth Nampora: Confirm to this court that whatever happened in Bunamwaya, you were just told?
Daniel Kisseka: I was told by Nasur Abdallah.
Elizabeth Nampora: You told court the robbery incident in Bunamwaya happened the same day, right?
Daniel Kisseka: True.
Elizabeth Nampora: Do you know the distance between Kiwatule and Bunamwaya?
Daniel Kisseka: I don't know but they were using a motorcycle.
Elizabeth Nampora: Did you see them using a motorcycle to Bunamwaya?
Daniel Kisseka: I didn't see them.
Elizabeth Nampora: You also said Masajjage went to a witch doctor. Were you there?
Daniel Kisseka: I was not there but Masajjage told me he had his personal witch doctor.
Elizabeth Nampora: You told court you know Masajjage's mother?
Daniel Kisseka: Yes.
Elizabeth Nampora: What is her name?
Daniel Kisseka: She is called Nabbosa.
Elizabeth Nampora: What is her other name?
Daniel Kisseka: It is the only name I know.
Elizabeth Nampora: Do you know the name of Masajjage's sister?
Daniel Kisseka: She was called Nalongo at the school where she was teaching.
Elizabeth Nampora: Do you know it is that girl called Nabbosa?
Daniel Kisseka: Looks like the mother referred to as Maama Nabbosa, hence the confusion.
Elizabeth Nampora: You said the first time Kibuuka contacted you was for the purpose of getting him guns, right?
Daniel Kisseka: That's true.
Elizabeth Nampora: You also told court that the second time they had guns?
Daniel Kisseka: Yes.
Elizabeth Nampora: There are guns I deserted with and the ones used to kill Kagezi. They are different?
Daniel Kisseka: Yes.
Elizabeth Nampora: Why then did they need you the second time, because they already had guns?
Daniel Kisseka: Because they believed in me and whatever I could do, I never failed.
Elizabeth Nampora: You said that the second guns were not yours?
Daniel Kisseka: Yes.
Elizabeth Nampora: Why were you inspecting them after the assassination?
Daniel Kisseka: Because I wanted to make sure we don't make any mistakes so they don't arrest us.
Elizabeth Nampora: How does this connect?
Daniel Kisseka: I was expecting that.
Elizabeth Nampora: So how does inspecting guns stop you from getting arrested?
Daniel Kisseka: I wanted to be sure I could be in position to explain.
Elizabeth Nampora: You also said during the shooting the car was just parking. It hadn't stopped?
Daniel Kisseka: It had stopped.
Elizabeth Nampora: You also said none of you knew Kagezi personally, how were you sure she would be in that place at that time?
Daniel Kisseka: We had been told that there was a supermarket where she used to buy the groceries.
Elizabeth Nampora: Was she parked at a supermarket or not?
Daniel Kisseka: It is where she used to park and then head to the supermarket.
Elizabeth Nampora: What time did you say the assassination happened?
Daniel Kisseka: It was at 7pm.
Elizabeth Nampora: And it was dark?
Daniel Kisseka: Yes. It was dark.
Elizabeth Nampora: It was dark. How did you identify Kagezi's car?
Daniel Kisseka: Kibuuka was meant to raise his hand when Kagezi's car comes.
Elizabeth Nampora: You told court that you took police to Masajjage's home. How did you confirm it was his home?
Daniel Kisseka: Because I had been there before.
Elizabeth Nampora: That's all, my Lord.
(After consultation with Kibuuka, one of the accused, defence resumes cross examination)
Elizabeth Nampora: You told court you had been incarcerated at Makindye. Did you tell court martial about your previous cases with the accused persons?
Daniel Kisseka: No.
Elizabeth Nampora: You told court that Kibuuka got an accident and you said he has scars, where are they?
Daniel Kisseka: Just check his face.
Kibuuka is brought out of dock to examine scars. Assessors confirm there are scars.)
Elizabeth Nampora: You also told court that you provided two guns. Did you inform the court martial?
Daniel Kisseka: I didn't inform them.
Elizabeth Nampora: You said Kibuuka went to his home in Kyebando. Are you aware he stays in Nabweru?
Daniel Kisseka: They had two homes and had partly shifted to Nabweru.
Elizabeth Nampora: The witch doctor you allege you visited, where was he staying?
Daniel Kisseka: In Kayunga district.
Elizabeth Nampora: You said you heard Masajjage's phone vibrating, but again you told court Masajjage shared a motorcycle with Kibuuka during the assassination. How did you hear the phone?
Daniel Kisseka: I heard it when we were still in Kyebando.
Elizabeth Nampora: You said you hid a gun under a shirt. Weren’t you afraid people would see you?
Daniel Kisseka: I was not afraid.
Elizabeth Nampora: You said you were the trusted one. How comes you are not the one who pulled the trigger?
Daniel Kisseka: I had taught Kibuuka and I trusted him.