DR ONEBE TRIAL SURVIVES! Court Orders Him To Answer Wife’s Murder

The High Court in Kampala has found Senior Accountant Dr Francis Onebe and his former employee, private security guard Bonny Oriekot, with a case to answer. Onebe is accused of the alleged murder of his wife, Immaculate Mary Asio.

The Criminal Division Judge, Professor Justice Andrew Khaukha, found Onebe and his co-accused with a case to answer on Friday after the prosecution closed its case with evidence against them from 17 witnesses in the trial.

Khaukha said the court had examined the evidence presented by the prosecution and found sufficient grounds requiring the two accused persons to defend themselves against the murder charge, and that a prima facie case had been established against them.

The judge said the prosecution alleges that between January and September 2021, at Mawanga Zone, Munyonyo, in Makindye Division, Kampala District, Onebe, Oriekot and others still at large, with malice aforethought, unlawfully caused the death of Asio Mary Immaculate.

The two accused persons denied the allegations and pleaded not guilty to the murder charge; hence the presentation of the said 17 Prosecution witnesses.

But the Judge said he will prepare a detailed written ruling explaining the court’s assessment of the evidence, which would be made available to the parties.

The judge noted that he took over the case from Justice Michael Elubu after the prosecution had called 12 witnesses, and that all the prosecution witnesses had been subjected to cross-examination by the defence lawyers.

The prosecution was led by Chief State Attorney Joseph Kyomuhendo and State Attorney Sharifah Nalwanga.

The case stems from the disappearance of Asio on January 6, 2021. Her husband, Onebe, reported a suspected kidnapping at Kabalagala Police Station after she went missing.

However, on September 7, 2021, nearly nine months after her disappearance, investigators discovered a decomposing body in a septic tank at the couple’s matrimonial home in Mawanga, Munyonyo.

The discovery triggered a murder investigation, leading to the arrest and prosecution of Onebe and Oriekot.

The 67-year-old Onebe and Oriekot, who was employed as a private security guard with Pentagon Security Company, were later arraigned before the Makindye Magistrates Court and charged with murder before being committed to the High Court for trial.

They have been on remand at Murchison Bay Prison pending the conclusion of the case since 2021, after Onebe was denied bail by the High Court. Following today’s ruling, the prosecution asked the court to direct the defence to disclose its evidence and witnesses ahead of the next phase of the trial.

State Attorney Sharifah Nalwanga referred to Section 76 of the Trial on Indictments Act and asked the defence to provide its witnesses and evidence, arguing that the disclosure was necessary to ensure a fair trial.

“We pray that they provide us with the witnesses. If they do not, then we shall not proceed at that time. We are talking of a fair trial,” Nalwanga told the court.

Onebe’s lawyer, Patrick Kasumba, said the defence was ready to comply with the disclosure requirements but needed three weeks to prepare its case.

“We have three weeks. We know where the prosecution is. We shall disclose. We have nothing to hide. We shall serve you a week before,” Kasumba said.

Justice Khaukha said the dates for the defence hearing would be communicated by the registrar.

The defence phase will allow Onebe and Oriekot to respond to the prosecution evidence and present their own witnesses and evidence in their bid to contest the allegations against them.

The court noted the public interest surrounding the case and said there was a duty to simplify its decisions for the public to understand, while maintaining the accused persons’ right to a fair trial.