Admissibility

Uganda v Hussein Hassan Agade & 12 Ors (CRIMINAL SESSION CASE No. 0001 OF 2010) [2016] UGHCICD 1 (26 May 2016);

Flynote: 

Search Summary: 

The accused persons are charged with terrorism, belonging to a terrorist organisation, murder and being accessory after the act. Prosecution has failed to prove that Al-Shabab is a listed organisation and it is immaterial to determine whether the accused belonged to an organisation.

Headnote and Holding: 

On terrorism some of the accused confessed to placing explosives in places where people had gathered. The explosions that occurred at those same places provided corroboration to their testimonies. The devastating picture of deaths, injuries and destructions attest to the fact that explosives were strategically placed to cause death, injury or destruction. Al-Shabab’s claim to the responsibility of the bombs to punish Uganda proves the intention of the bomber as of a political reason to achieve the widest most indiscriminate impact to influence the government to withdraw its troops.

Participation of each of the accused persons is proved by prosecution’s evidence and the testimony of the accused persons which incriminates each other and is corroborated by other independent evidence save for A5, A6, A8, A9, and A12 who are acquitted.

Court held that murder and terrorism are distinct but death need not result from terrorism but multiple deaths occurred and were unlawfully caused with malice aforethought with participation of the convicted in the killing. They also attempted murder on those who survived the attacks with injuries and also the bombs that failed to explode. A 12 is acquitted of aiding and abetting while other convicts are guilty of being accessories after the fact.

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