Defence lawyers for Jackie Uwera Nsenga, the woman accused of knocking dead her husband, have asked court to acquit her saying it was an accident.
Jackie is on trial for the January 10, 2013 incident when she knocked her husband, Juvenal Nsenga Kananura, as he opened the gate at their home in Bugolobi.
Prosecution alleges that on the 10th day of January 2013, Jackie Uwera intentionally ran over her husband with her car registration number UAL 933M, leading to his death.
However, Uwera’s lawyers led by Nsubuga Mubiru have asked Justice Duncan Gaswaga to acquit their client of the murder charges. The other lawyers on the defence team are Yunus Kasirivu and Isaac Walukaga.
While presenting their submissions to the judge today, Kasirivu told court that Uwera was being charged with murder, contrary to section 188 and 189 of the penal code. Kasirivu said prosecution has failed to prove beyond reasonable doubt that she had the intention and malice aforethought to kill her husband.
Kasirivu said there was no evidence to prove malice and aforethought, adding that according to the report from the police pathologist, the cause of death was multiple injuries caused by blunt object, which in this case was the gate and vehicle. This, according to Kasirivu, means she cannot be charged with murder since prosecution has a task of proving that the accused had knowledge and intention to cause death of her husband.
Defense also told court that Jackie Uwera Nsenga cannot be charged with manslaughter. Kasirivu said that according to section 191 of the penal code, one can be charged with manslaughter if it is proved beyond reasonable doubt that there was negligence on the side of the accused which resulted to death.
Defense said that according to the witnesses, there is proof that the accused acted quickly, upon realizing that she had caused the accident.
He said there is proof to show that the accused immediately sought for help from her baby-sitter and the neighbour’s security guard who helped her to put the victim in the car, and she immediately took him to Paragon Hospital, which to her best knowledge had the best facilities.
In conclusion, defense asked the judge to acquit the accused of the murder charges, saying what happened was an accident and their client acted swiftly and with care to try and preserve the husband’s life.
Hearing continues tomorrow when prosecution will present their submission.