Assessors advise acquittal for students accused in Rakai school fire

Masaka High Court assessors have advised the acquittal of Alex Mugarura and Edison Niyo, who are facing charges including murder and arson related to a devastating dormitory fire at St Bernard Secondary School, Maanya, in Rakai District. The fire, which occurred in November 2018, resulted in the deaths of 10 students.

Presenting their joint opinion, assessors, led by Mariam Tusiime, stated that the prosecution had failed to provide sufficient evidence to prove the accused’s involvement in the fire. While acknowledging that some elements of arson and attempted arson were proven, the assessors highlighted a critical gap in establishing the accused’s participation.

The assessors raised several concerns about the prosecution’s case. They questioned why the accused, who were suspended students at the time, were not observed at the school on the night of the incident, despite the presence of school administrators, teachers, wardens, and security guards. Furthermore, they found fault with the evidence presented by the former officer in charge of Maanya Police Station, Goffin Butere.

Butere had testified that a witness, identified only as Yusuf, saw Mugarura and Niyo running from the scene. However, the assessors noted that Yusuf was never called to testify, leaving his crucial testimony unverified. The prosecution’s failure to produce a laboratory report for exhibits allegedly recovered from Niyo’s home also drew scrutiny. These exhibits, including plastic bottles and shoes, were reportedly sent for analysis but no findings were reported, leading the assessors to question whether they were indeed submitted or if the report was deliberately withheld.

The assessors also pointed to the eviction of suspended students, including the accused, from their guest house accommodations shortly before the fire. They suggested this action, allegedly ordered by the school administration, may have been linked to internal school disputes and potentially an attempt to frame the accused, indicating that police did not investigate these internal wrangles sufficiently.

Based on these observations, the assessors concluded that the prosecution had not successfully placed the accused at the crime scene and recommended their acquittal. The defense welcomed this opinion, reinforcing their argument that no evidence linked the accused to the fire. Justice Victoria Nakintu Katamba has adjourned the case to October 5 for the court’s ruling.

Source: https://www.monitor.co.ug/uganda/news/national/assessors-ask-court-to-acquit-rakai-school-fire-accused-5591536