The Independent Uganda: You get the Truth we Pay the Price
Kampala, Uganda | THE INDEPENDENT | Yusuf Nyanzi, one of the suspects pinned in three high-profile murders has filed an application in the International Crimes Division of the High Court seeking to compel MTN Uganda and Airtel Uganda to avail him with the phone printouts of his phone number allegedly used to commit the crime.
Nyanzi was first arrested in early 2017, on charges of killing the former Police Spokesperson Andrew Felix Kaweesi, his bodyguard Kenneth Erau, and driver Godfrey Mambewa. He was arraigned before the International Crimes Division for murder, terrorism, and belonging to a terrorist group, the Allied Democratic Forces-ADF.
He was later charged with the murder of Major Muhammad Kiggundu and his bodyguard Sergent Steven Mukasa on November 26th, 2016 in Masanafu, a Kampala city suburb. Barely a year after his release on bail by Lady Justice Lydia Mugambe, security rearrested Nyanzi from his home in Kisaasi Kyanja in connection with the attempted murder of Works and Transport Minister, General Edward Katumba Wamala and the murder of his daughter Brenda Nantongo Wamala and driver, Haruna Kayondo on June 1st, 2021.
According to the prosecution, between March and June 2021, Nyanzi together with others still at large with the intent to intimidate the public or section of the public, and for political-religious, social or economic aims, indiscriminately without due regard to the safety of others, directly involved themselves in the murder and attempted murder of police personnel and civilians.
The prosecution alleges that Nyanzi used his phone numbers 0752819810 and 0779356630 registered in his name to commit and coordinate the execution of the offenses in question on the three files, a charge he denies. As a result, Nyanzi has petitioned the Court to direct Airtel and MTN Uganda to give him the call printouts detailing their matrix, GPS coordinates, Base Transceiver Station, Base Station Controller, and cell tower triangulation with their names and locations including their code numbers both in full and short.
Nyanzi says that he needs the details especially when he was in Kawempe South, Rubaga North, Mukono North, and Busiro North area for the period between September 1st, 2016 to July 30th, 2017, and from April 1st, 2021 to July 15th, 2021, the time when the said crimes were committed. According to Nyanzi, he wants the said information to compare and contrast with the copies he recieved as prosecution evidence, arguing that it will help him to prepare his defense should the court confirm the charges against him.
“That Network Interface Card-NIC it’s where the service providers i.e Airtel and MTN access the mobile phone and its owner with the help of a sim card provided to specific subscribers by the network service provider (s),” says Nyanzi. He adds that; “the cellphone can be traced directly via their GPS coordinates or tower triangulation and mobile phones or phones are embedded with GPS triangulation system and software that can provide clear and accurate GPS coordinates”.
The evidence submitted to court further shows that the Geolocation of a device like a cell phone can easily be located using mobile phone triangulation and its geographical location can also be traced using the same process. Nyanzi who drafted and signed the documents before a Justice of Peace in Luzira prison wants the International Crimes Division of the High Court to allow his application.
He filed the application Wednesday shortly after appearing before the High court Judge, Richard Wejuli Wabwire for the mention of the case in which he is jointly charged with seven others for the murder of Major Muhammad Kiggundu and his bodyguard Sergent Steven Mukasa. The other suspects are Sheikh Yahaya Ramathan Mwanje, the prime suspect, Mohammed Buyondo alias Matiya, Abdu Wahab Sendegeya, Musa Ssekandi alias Masanafu, Jibril Kalyango alias Bin Suleiman, Bruhan Balyejusa Kalyango and Noordin Lutaya alias Ibrahim Ssemwanga alias Superman.
While in this case, the prosecution led by Assistant Director of Public Prosecutions Thomas Jatiko and Lillian Omar, told court to give them a date to inspect physical exhibits such as the vehicle in which the duo was gunned down. Omar told the court that the vehicle is currently before the Naguru-based Police Forensics Department, saying that they will write a report of their findings from the physical inspection and share it with the defense team.
Justice Wabwire fixed October 26th, 2022 for the inspection and December 19th, 2022 for mentioning the case and further remanded Nyanzi to Luzira prisons. Meanwhile, Aramathan Higenyi, who appears on Kaweesi’s murder file has asked the court to prevail over the State and order for the restoration of his liberty, saying that he was rearrested shortly after being granted bail on grounds of torture.
He explained that he applied for bail to seek medication only to be arrested on human trafficking-related charges moments later.
Justice Wabwire directed the prison authorities to offer Higenyi treatment and advised him to explain more to his lawyers who will then raise his concerns formally to court.
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