KAMPALA – The Court of Appeal, sitting in Kampala, on Friday dismissed an appeal filed by Godfrey Wamala, also known as Troy. Wamala had been convicted of participating in the killing of singer Moses Ssekibogo, known as Mowzey Radio, in January 2018, at De Bar in Entebbe, Wakiso District.
Although Troy was initially indicted on murder charges, after the full hearing, the ground of malice aforethought was not proven. Therefore, the trial judge convicted him of manslaughter and sentenced him to 14 years imprisonment. After deducting a period of one year, eight months, and twenty-six days that the appellant had spent on remand, a term of 12 years, three (3) months, and four (4) days remained.
Being dissatisfied with both the conviction and the sentence, Troy filed an appeal, which resulted in this judgment.
On the ground that there were many inconsistencies, lies, and contradictions in the evidence presented by the prosecution witnesses at the High Court, the court stated, “Both PW1 and PW2 stated that they were able to positively identify the appellant because there was enough light to enable them to do so. The contradiction as to whether the source of light was a bulb or a fluorescent tube would be immaterial since all the witnesses, including the appellant, agreed that there was ample light for them to be able to identify the appellant, with whom they had been for the better part of the evening.”
The appellant, who testified as the first defense witness, also confirmed his presence that evening and that he was in the company of the deceased, PW1, PW2, and PW9, all of whom confirmed being at De Bar that evening. He stated that he saw the deceased and PW1 between 6 p.m. and 6:30 p.m., believably at a time when there is still natural light on an ordinary day.
“The testimony of the prosecution witnesses was corroborated by the behavior of the appellant, who disappeared from the scene immediately after the crime was committed. Prior to the incident, he was a frequenter of De Bar but went into hiding immediately after the deceased was assaulted. He could not even return to pick up his property, a headset and power bank, which he left at the scene, but was only able to contact PW6 the day after the incident to retrieve them for him.”
The justices ruled that the evidence adduced by the respondent’s witnesses was cogent and discharged the burden placed upon the prosecution. “The trial Judge was therefore safe to rely on it while convicting the appellant. The contradictions and inconsistencies were minor, and the trial Judge considered them as such.”
Regarding the 14-year sentence, which the appellant had described as harsh, they agreed with the trial judge because she considered that the appellant was a first offender and a young man aged 30 years who was capable of reforming. She then handed down a sentence which she considered reformative and reduced the period he had spent on remand.
“We therefore find the sentence of 12 years, 3 months, and 4 days imposed by the High Court not manifestly harsh and excessive. We also find that it is consistent with sentences in other similar cases as shown above. We therefore uphold it. In the final result, this appeal is dismissed. We so order,” ruled the court.
All three justices in this matter, led by Christopher Gashirabake, unanimously agreed on this decision.
The Office of the Director of Public Prosecutions (ODPP) was represented by Chief State Attorneys Kyomuhendo Joseph and Keko Joan.
“The Court’s decision is a vindication of the evidence presented by the prosecution and a reaffirmation of justice for one of Uganda’s beloved music icons,” remarked Jacqueline Okui, the spokesperson for the office of the DPP, while commenting on the matter.
She also added that Mowzey Radio was one half of the award-winning musical duo Radio and Weasel and is remembered for his lyrical brilliance and contribution to Uganda’s music industry.
Radio’s death sparked nationwide mourning and reignited conversations about violence and accountability in nightlife establishments.
