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Dr. Kiyingi acquitted

SWEATING WITH RELIEF: Kiyingi wipes his face soon after the judge read the verdict

By Anne Mugisa, Hillary Kiirya and Harriette Onyalla

Ululations resounded throughout the High Court yesterday when Dr. Aggrey Kiyingi was acquitted of killing his wife, Robinah Kayaga Kiyingi, in what had become the most publicised murder case in Uganda's recent history.

His co-accused, friend Charles Berwanaho and former bodyguard Bob Mugisha, also walked free.
Justice Opio Aweri ruled that although evidence by the key witnesses was admissible, it could not be proven as it was based on information from the fourth suspect, John Atwine, who died in prison.

"In my view, Musiime and Nassuna's evidence cannot be dismissed as hearsay. They were facts heard from Atwine," the judge said in his one-hour and 54-minute ruling.

"My mind is still nagging as to whether Kiyingi committed the crime. Nicholas Musiime and Sadha Nassuna's evidence could not, unfortunately, be corroborated because of the death of Atwine. I have to be satisfied beyond reasonable doubt. If that hasn't been accomplished, I feel uncomfortable to convict the accused. I acquit the accused," the judge ruled.

The verdict was greeted with shouts of "God is great" as the relatives and friends of the acquitted jumped up and hugged each other.

The three men in the dock took out their handkerchiefs simultaneously and wiped their faces. The Australian-based cardiologist, who was at the centre of the storm, looked detached, his eyes showing no emotions. He snubbed handshakes and hugs.

Robinah Kiyingi was gunned down on July 11, 2005 at her gate in Buziga as she returned home in the evening.

According to the evidence, she was showered with five bullets in the head. Two more bullets were recovered at the scene of the crime.

The assailants escaped on a boda-boda motorcycle. The gun was found some 100 metres away.
Robinah was a renowned city lawyer and investigator. She was also a board member of the Uganda Electricity Regulatory Authority.

Her husband was arrested immediately after the burial at Kitetika on Gayaza Road. The three others were rounded up the same week.

The prosecution called 26 witnesses. These included two of Kiyingi's children as well as Robinah's sister, Dr. Eva Kasirye Alemu.

In her presentation, the prosecutor alleged that Atwine, a UPDF soldier, was the hitman who had been contracted by his brother, Berwanaho, to carry out the murder on behalf of Kiyingi. Mugisha, a police man, allegedly provided the killer gun.

The prosecution also relied on a jacket Nassuna, Atwine's girlfriend, had lent to him, which was found at the scene of the crime. Another piece of evidence was a map, recovered from the murder site, which bore Atwine's fingerprints.

Alleged death threats from her husband, which Robinah had reported, were also raised.

The state claimed the doctor wanted to get rid of his wife so as to marry the woman he was living with.

Their disagreement, according to the prosecution, centred around the partition of their property after Dr. Kiyingi had filed for divorce.

The judge, however, dismissed the death threats because they were made between 2001 and 2003.

"There was no evidence that he continued threatening the deceased. I consider that the fear the deceased expressed was just a general expression of fear. This is weak and cannot incriminate the accused," the judge ruled.

The court room was jammed as people eagerly awaited the ruling. None of the couple's four children was present.

Only Robinah’s sister, Eva, attended but she refused to comment.

Kiyingi's lawyers, MacDusman Kabega and Ddamulira Muguluma, were visibly relieved after the verdict. The State Attorney, Joan Kagezi, did not want to disclose whether they would appeal against the ruling.

Dr. Kiyingi sues govt
PAY ME: Kiyingi and his lawyers Muguluma (left) and Kabega announce their plan; RIGHT- Murdered: Robinah Kiyingi

By Hillary Kiirya

The Kiyingi case has taken another dramatic turn as the Australian-based cardiologist yesterday announced he will sue the Government for what he calls malicious prosecution.

The state said it would appeal against the ruling.

Kiyingi was on Monday acquitted of the murder of his wife, Robinah, along with two other co-accused.
At a press conference, flanked by his lawyers, the doctor said the Police and the Directorate of Public Prosecutions (DPP) continuously humiliated him and he therefore needed legal redress.

"You can imagine the way I was arrested and what happened to my businesses, nationally and internationally, while under incarceration and even after getting bail. In my profession, the worst thing one can do to a doctor is charge him with murder," Kiyingi stated.

He accused the Police of fabricating evidence and taking advantage of the problems within his family.

"My international status has been affected by this malicious prosecution by the Police and the DPP. They fabricated evidence. Prosecution made capital out of manipulating and changing some of the misfortunes that took place in my family."

Commenting on his children, Kiyingi said he would need to rehabilitate their minds. "I love all of them equally, regardless of what happened. They have been traumatised, to some extent more than me, but I am going to do all it takes to rehabilitate their minds."

Turning to his sister-in-law, Eva Alemu Kasirye, Kiyingi said he had forgiven her and all those who wished him bad. He invited her to join hands in bringing up his children.

He cited the example of his father-in-law who received him with a hug when he visited him immediately after his acquittal.

Asked whether he would return to Australia, the doctor replied he planned to stay in Uganda and resume his business and charity work.

Simultaneously, the state filed a notice of appeal against the acquittal.

It mentioned that the DPP was "aggrieved and dissatisfied" with the ruling.

Cleared doctor thanks Australian govt
14th December 2006

An Australia cardiologist acquitted in Uganda of having his wife murdered has thanked the Australian government for its support.

Dr Aggrey Kiyingi said he was grateful for support from both the Australian and Canadian governments while on trial accused of killing his estranged wife, prominent human rights lawyer Robinah Kiyingi.

"I would like to thank the Australian government. There has been a lot of background logistical support which has ensured my safety and kept me in good health," he said.

Mrs Kiyingi was gunned down in a hail of bullets as she returned to her home in Kampala on July 11 last year. Dr Kiyingi, who holds dual Australian-Ugandan citizenship, was in Sydney at the time.

He and three co-accused - Bob Mugisha, Charles Brewanaho and John Atwine - were arrested and charged with the murder.

Prosecutors alleged the 51-year-old Dr Kiyingi ordered the killing by phone from Sydney where he ran a medical practice.

Atwine confessed to being the killer, but died in mysterious circumstances in Luzira prison before the matter went to court.

Dr Kiyingi was acquitted in Uganda's High Court on Monday.

He said that while in Luzira prison, medicine was flown from Australia and the High Commission office in Nairobi rang him daily to check he was safe.

"I would like to put it on record that the ambassador in Nairobi and his two assistants have been so dedicated in ensuring that under the circumstance I am safe.

"I would also like to thank the Canadian High Commission who have given a helping hand to the Australian government and Australian High Commission.

"The Australian High Commission for East African countries is in Nairobi, Kenya. So, for some of the things Australia had to delegate (to) the Canadian High Commission in Kampala."

The cardiologist names some members of the Australian team he said had helped him.

"I thank Professor Keith Kenneth, Professor David Edward and others who worked tirelessly to co-ordinate Australian activities and international activities on my behalf while I was incarcerated and my freedom taken away.

"I would also like to thank my Australian friends, patients and partners internationally whose support both morally and otherwise has been a pillar in giving me strength."

He also commended his Australian lawyers.

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