Kisuule had been on remand at Masaka Main Prison since 2018 after he and two other former students were arrested over the November 11 dormitory fire. According to the prosecution, the attackers locked the boys’ dormitory before setting it ablaze, resulting in the deaths of 10 students.
Through his lawyer, Sam Ssekyewa, Kisuule denied any involvement in the incident. He argued that his arrest was based on suspicion and that the prosecution had failed to produce credible evidence to sustain the charges.
In his submissions, Ssekyewa pointed to contradictions in the police investigations and inconsistencies in the testimony of prosecution witnesses. He argued that the evidence was speculative and insufficient to support a conviction.
The defence told the court that on the day of the fire, Kisuule was being held at Mmanya Police Post after he was arrested for trespassing on the school compound while serving a suspension.
Rebecca Awor, the former Officer in Charge of Mmanya Police Post, testified that Kisuule remained in police custody throughout the night when the dormitory was set on fire.
Former school headteacher Henry Nsubuga also testified that Kisuule and 10 other students had earlier been suspended from the boarding section on disciplinary grounds. When Kisuule later returned to the school premises, he was arrested and handed over to police.
Nsubuga said that after the fire occurred two days later, investigators suspected the suspended students and arrested them to assist with investigations.
Ssekyewa argued that the evidence clearly showed Kisuule could not have participated in the arson because he was in police custody when the offence was committed.
Senior State Attorney Deborah Itwau, who led the prosecution, did not challenge the defence’s submissions and instead relied on the evidence gathered during investigations.
Justice Katamba agreed with the defence, finding that the prosecution had failed to place Kisuule at the scene of the crime.
The judge held that credible evidence showed Kisuule was in police custody at the time of the fire and that there was no evidence to suggest he had left custody to commit the offence. She therefore acquitted him, ruling that there was no basis for him to continue standing trial.
Following the acquittal, Ssekyewa said the defence would continue challenging the prosecution’s case against the two remaining suspects, whom he maintains are also innocent.
The remaining accused are Henry Talemwa and Alex Mugarura, both former students of St Bernard’s Mmanya Secondary School. They were remanded until August 9, when their trial will resume-URN. Give us feedback on this story through our email: kamwokyatimes@gmail.com
