The High Court in Entebbe has convicted Godfrey ‘Troy’ Wamala, the man arrested for murdering singer, Moses Ssekibogo, also known as Mowzey Radio of manslaughter.
Mowzey Radio died of injuries on his skull at Case Hospital in Kampala on February 1, 2018, after a brawl at De Bar, a popular hangout in Entebbe Town, on January 22, 2018.
Troy was arrested a few days after the incident in Kyengera, along the Kampala- Masaka road where he was hiding for over two weeks after the unfortunate incident in Entebbe.
On Monday morning, Justice Jane Abodo convicted Troy of a lesser offence of manslaughter and acquitted him of murder.
“I find the accused who placed himself at the scene of crime was properly identified by the first prosecution witness as being the one who assaulted the deceased. I find this ingredient was proved beyond reasonable doubt,” the judge said.
Gets off the hook for murder
Testifying against in the case, music producer, David Ebangit, also known as producer Washington said on the fateful day, the deceased poured alcohol on George Egesa, the owner of the bar prompting him(Egesa) to get angry and lifted the table pouring alcohol.
In the ensuing fracas, Egesa tried to confront Radio but there were separated and the singer was taken out of the bar.
He told court they were followed by Troy who was angry at what had happened to the bar manager.
“He came shouting as we were heading out of the bar. As Pamela was trying to calm down Radio, Troy came, lifted him up and threw him down prompting people to start screaming,” Ebangit told court.
In his defence before a fully packed court, Troy denied killing the talented singer.
“In the due process, Mowzey Radio started fighting with everyone who came near him; maybe he thought they were all his enemies. He kept his guard up trying to fight,” Troy said.
He told court that Radio was later pushed out of the bar by some gentlemen who were around the table but said he never followed him.
“I instead moved out after receiving a call from the O.C Katabi police station because the place was noisy. As I moved out, I found Radio fighting with two gentlemen in the corridor. I tried to intervene to stop the fight. I held one of the gentlemen but I was overpowered and found myself on the ground.”
Troy insisted that he never beat anyone, neither did he engage in any fight as it was alleged by the prosecution.
The judge, however, punched holes in the evidence by the prosecution side that had wanted the accused to be convicted of a grave offence of murder.
The judge said the state failed to prove that Troy had malice aforethought that he had earlier planned to kill the vocal singer on the fateful day.
“I find that prosecution has proved all essential ingredients of the offence of manslaughter contrary to section 187 and 190 of the penal code Act beyond reasonable doubt and I hereby find Godfrey Wamala guilty of the offence of manslaughter,” the judge ruled.
The judge, however, adjourned the matter to Thursday, October 31 for sentencing the convict.
Murder
The law says that for a person to be convicted of murder, there must be proof of malice aforethought.
Malice aforethought can be proved if there is evidence to show an intention to cause the death of any person, whether such person is the person actually killed or not.
Manslaughter
According to the Penal Code , any person who by an unlawful act or omission causes the death of another person commits the felony termed manslaughter.
The Penal Code also defines an unlawful omission as an omission amounting to culpable negligence to discharge a duty tending to the preservation of life or health, whether such omission is or is not accompanied by an intention to cause death or bodily harm.
The law also says that a person who is convicted of manslaughter is liable to imprisonment for life.
