The defense team in the trial of three former students accused of setting ablaze a dormitory at St. Bernard’s Mmanya Secondary School in Kyotera District has asked the High Court to acquit them. The Lawyers argue that the prosecution has failed to present credible evidence linking them to the crime.
Henry Talemwa, Alex Mugarura and Dickson Kisuule, who were Senior Four candidates at the school, have been on remand since their arrest in 2018 over the fire that destroyed the boys’ dormitory and claimed the lives of 10 students. Appearing before Masaka Resident High Court Judge Victoria Nakintu Katamba, defense lawyer Sam Ssekyewa argued that the prosecution’s case is riddled with contradictions and lacks sufficient evidence to sustain the charges.
On Tuesday, the prosecution, led by Senior State Attorney Deborah Itwau, presented the school’s former head teacher, Henry Nsubuga, as one of its key witnesses.
During his testimony, Nsubuga struggled to identify the accused persons in court despite having previously recorded statements with police. Of the three accused, he was only able to identify Dickson Kisuule, although he acknowledged that all three had been Senior Four students at the school at the time of their arrest.
Nsubuga also told the court that he could not state with certainty that the accused were responsible for the fire. He testified that one of the suspects had come under suspicion largely because of his disciplinary record, which had previously led to his suspension from school.
According to Nsubuga, Kisuule, who was serving a one-month suspension, had been seen near the school premises on the eve of the fire, prompting investigators to include him among the suspects.
Ssekyewa challenged the witness’s testimony, arguing that it contradicted both his earlier police statements and other evidence on the court record. He also questioned how Nsubuga could fail to identify the accused in court despite having participated in handing them over to police following the incident. The defense further asked the court to compel Nsubuga to produce a list of teachers who were serving at the school when the fire occurred, arguing that the tragedy could have been linked to an internal management dispute rather than the students.
In support of the defense case, Ssekyewa also presented a video clip allegedly recorded by the former Chieftaincy of Military Intelligence (CMI), in which a man purportedly confesses to being part of a group hired to burn the dormitory as part of a rivalry involving two neighbouring schools.
Responding to the defense submissions, Senior State Attorney Deborah Itwau asked the court for time to examine the issues raised, including the newly presented evidence, before filing the prosecution’s response. The fire occurred on November 11, 2018, after unknown assailants allegedly locked the lower boys’ dormitory before setting it ablaze. The dormitory housed 115 students. Ten students died at the scene, 15 sustained serious injuries, and another 15 suffered minor injuries-URN. Give us feedback on this story through our email: kamwokyatimes@gmail.com
