Three Court of Appeal judges have unanimously dismissed the appeal by Mrs Jacqueline Uwera Nsenga in which she challenged the 20-year imprisonment term which was handed to her by High Court judge Duncan Gaswaga having found her guilty of murdering of her husband Juvenile Nsenga
The three judges who included newly appointed Chief Justice Aliphonse Owiny Dollo, Cheborion Burishaki and Elizabeth Musoke ruled today that they found no convincing reason to alter the lower court’s decision.
The judges said they found no issue with the high court judge basing his decision on the death declaration evidence which was tendered in court by the prosecution.
This they said was in line with the legal procedures which included analysing the consistency in the testimony of five prosecution witnesses who testified and were cross examined over the same.
“Our finding upon revaluation of the evidence which the prosecution presented regarding the dying declaration is that the trial court rightly found that the dying declaration was reliable evidence that the appellant participated in the incident which led to untimely death of the deceased. The evidence of the dying declaration was relevant in supporting the prosecution evidence that the death was not accidental,” the judges ruled.
“When PW5 arrived in the deceased’s room inquiring how it had happened, the accused told him that the gate had hit the deceased but the deceased quickly clarified that it was the appellant who had killed him. The deceased told PW3 and PW4and PW6 that the appellant had knocked him in his home.”
The justices also upheld the trial judge’s findings on the ingredient of malice aforethought by relying on the dying declaration, the conduct of the appellant after and before the crime as well as the misunderstandings in their marriage.
After this ruling, many of Nsenga’s relatives and friends were seen wiping tears as they consoled each other.
