Wrongly Convicted Database Record
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Charge: |
Murder |
Sentence: |
Death |
Years Imprisoned: |
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Year Crime: |
2005 |
Year Convicted: |
2007 |
Year Cleared: |
2011 |
U.S. State or Country of Crime: |
Uganda |
County or Region of Crime: |
Pallisa District |
City of Crime: |
Bulalaka |
Result: |
Not Judicially Exonerated |
Summary of Case: |
"Luvinia Balamu and his sons Gasta Mwanawabene, Patrick Mutomuto, and Yoswa Musenero were were wrongly convicted on August 22, 2007 of murdering their relative Karim Dongo of the Pallisa District in Uganda on October 28, 2005. The prosecution's narrative was that the four killed Dongo with sticks and cut him with pangas in a land dispute. After their convictions following a bench trial all four defendants were sentenced to death. In July 2011 a three-judge panel of the Uganda Court of Appeal reversed the convictions and sentences on the basis of bias by the trial judge, and ordered a new trial. Deputy Chief Justice Alice Mpagi-Bahigeine, and Justices Stella Arach-Amoko and Steven Kavuma unanimously ruled the trial judge was not in a position to objectively consider the defence case as he had already made up his mind they were guilty, stating: In our judgement, this was an apparent bias, which means that the trial judge did not give the appellants a fair trial which is a fundamental right under Article 28 of the Constitution." |
Conviction Caused By: |
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Innocence Proved By: |
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Defendant Aided By: |
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Compensation Awarded: |
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Was Perpetrator Identified? |
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Age When Imprisoned: |
37 |
Age When Released: |
41 |
Sex: |
Male |
Skin/Ethnicity: |
Black |
Information Source 1: |
"Court orders fresh trial for death row convicts, By Anthony Wesaka, Daily Monitor (Kampala, Uganda), July 24, 2011" |
Information Location 1: |
http://www.monitor.co.ug/meta/contact/-/691198/691184/-/119244sz/-/index.html |
Information Source 2: |
"4 family members survive death sentence, UG Pulse, July 20, 2011" |
Information Location 2: |
http://www.ugpulse.com/uganda-news/people/4-family-members-survive-death-sentence/20569.aspx |
Information Source 3: |
"Court orders fresh trial for death row convicts, By Anthony Wesaka, Daily Monitor (Uganda), July 24, 2011" |
Information Location 3: |
http://www.monitor.co.ug/News/National/688334-1206366-a77hipz/index.html |
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Comments About Case: |
Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org