Uganda’s Director of Public Prosecutions (DPP) has appealed against the recent acquittal of recent acquittal Adam Suleiman Kalungi, over the death of former Butaleja Woman MP Cerinah Nebanda.
Last week, High Court judge Lameck Nsubuga Mukasa quashed and set side aside the conviction and the four year jail term handed to Kalungi saying he acted prudently in the circumstances to save the life of the late legislator who was by then his girlfriend.
Kalungi had been convicted by the then Makindye Chief Magistrate Esta Nambayo on January 31 this year, on account that he delayed to take the late MP to seek medical attention after he found her unconscious. The magistrate said the delay led to Nebanda’s death.
But in his judgment on appeal on Friday, justice Mukasa instead faulted a medic, Emmanuel Kizza Lwakataka for the delay. The medic who was an intern at the time and from a nearby clinic, had been called in by Kalungi to his house in Buziga to administer first aid to Nebanda after he found her in coma on the fateful day of December 14, 2012.
The judge further faulted Lwakataka for having administered a drug called atropine that accelerated Nebanda’s situation on grounds that particular drug is not supposed to be administered to people who have taken alcohol and drugs.
Medical evidence showed that Nebanda died of multiple organ failure due to consumption of drugs and alcohol.
However the DPP states that he is aggrieved with the acquittal. The appeal was lodged today before the Court of Appeal in Kampala.
With the filing in of this appeal, Kalungi is still a free man until the Court of Appeal rules otherwise.