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- Evidence Law|Evaluation of Evidence
- Case summary
- The court held that the evidence on identification of the attackers was very weak and suspect. The court accordingly quashed the conviction and set aside the sentence.
IN THE SUPREME COURT OF UGANDA
AT MENGO
(CORAM: MANYINDO D.C.J., ODER. J.S.C, & PLATT. J.S.C.)
CRIMINAL APPEAL 7/86
BETWEEN
JOSEPH WAKHATA :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: APPELLANT
AND
UGANDA ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: RESPONDENT
(Appeal from the decision of the High Court
at Mbale (Mr. Justice A.O.Ouma) dated 18th
August 1986 in H.C.CR.SS.C. NO. 93 of 1983)
JUDGEMENT OF THE COURT
We think that the learned Principal State Attorney has taken the correct course in not supporting the conviction.
The evidence of PW3 and PW4 on identification of the attackers was very week and suspect. The statement of Bukuma should not have been admitted in evidence at all. It is rather remarkable that the learned trial Judge took over a year to decide on the matter.
In the result we allow this appeal, quash the conviction and set aside the sentence. The appellant is to be released from custody now unless he is being held for other reasons.
DATED AT MENGO THIS 26th DAY OF JULY, 1989
S.T. MANYINDO
DY. CHIEF JUSTICE
A.H.O. ODER
JUSTICE OF THE SUPREME COURT
H.G. PLATT
JUSTICE OF THE SUPREME COURT
I CERTIFY THAT THIS IS TRUE
COPY OF THE ORIGINAL.
B.F.B. BABIGUMIRA
REGISTRAR SUPREME COURT