Nine Convicted Over Kidnapping And Murder Of Susan Magara
Nine Convicted Over Kidnapping And Murder Of Susan Magara
High Court has convicted nine people over the kidnapping and murder of businesswoman Susan Magara more than eight years after her abduction shocked the country.
Justice Alex Mackay Ajiji found all nine guilty of kidnapping with intent to procure a ransom and murder following a lengthy trial at the High Court Criminal Division in Kampala.
The court found that the group had formed a common intention to abduct Magara and demand money for her release, but later decided to kill her after holding her captive for nearly three weeks.
The convicted people are Yusuf Lubega, Mahad Kisalita, Ismail Bukenya, Abubaker Kyewokya, Hassan Wasswa, Abbas Musa Buwembo, Hussein Kato Miiro, Hajjara Nakandi and Muzamir Ssali.
Magara, the 28-year-old daughter of businessman John Magara was abducted in Kampala in February 2018.
Prosecutors said Magara was abducted on 7 February 2018 as she travelled home through the Lungujja area of Kampala.
Her kidnappers demanded a ransom of about $1.5m, according to the prosecution case.
She was held captive for almost three weeks as her family negotiated with the abductors.
The case became particularly horrifying when the kidnappers sent Magara’s family two of her severed fingers together with a flash drive containing footage of the act, according to evidence presented in court.
The package was intended to increase pressure on the family to pay the ransom.
Despite the family’s efforts to secure her release, Suzan was eventually killed.
Her body was recovered on 27 February 2018 at Kigo in Wakiso District, bringing an end to a 20-day ordeal that had captured national attention.
The prosecution told court that Suzan’s family eventually paid $200,000, a fraction of the $1.5m originally demanded. But the payment did not save her life.
Justice Ajiji found that the kidnappers had held Magara for long enough that releasing her alive posed a risk of exposing them therefore, the group chose to kill her.
That finding was consistent with the judges’ recommendation delivered days before the judgment. The three judges advised the court to convict all nine, saying the prosecution had proved the charges beyond reasonable doubt.
The trial involved a substantial body of evidence.
The prosecution called 46 witnesses, while the accused presented 20 witnesses in their defence, according to Justice Ajiji’s summary of the case.
The evidence dealt with the circumstances of Magara’s abduction, her captivity, ransom negotiations and the events leading to her death.
Prosecutors also alleged that some of the accused were part of a wider group involved in the kidnapping operation, with other suspects remaining at large.
The state had previously alleged that the plot was connected to Yakub Byensi, described in court as a former Allied Democratic Forces combatant who knew the Magara family.
The nine accused previously challenged some of the evidence against them, including allegations that their statements had been obtained through torture.
In a separate ruling, the High Court dismissed an application concerning their torture claims on procedural grounds. The court’s decision did not amount to a finding that the torture allegations were true or false.
The accused nevertheless proceeded to defend themselves against the main charges.
Their conviction means the High Court has now found that the prosecution proved their criminal responsibility for the kidnapping and murder to the required standard.
Following Monday’s verdict, prosecutors asked the High Court to impose the death penalty on the nine convicts, describing the case as exceptionally serious.
The court must consider submissions from both sides before determining the appropriate sentence.
The defence is expected to present mitigating circumstances on behalf of the convicts.
The court’s eventual sentencing decision can also be challenged through the appellate system.
Magara’s murder became one of Uganda’s most notorious kidnapping cases.
The combination of a large ransom demand, the prolonged captivity and the brutality inflicted on the victim made the case particularly disturbing.
It also raised questions about the country’s ability to combat organised kidnapping and protect people targeted for ransom.
For Magara’s family, the conviction comes more than eight years after she was taken while travelling home.
