- Flynote
- Criminal law
- Case summary
- The court considered whether the prosecution had made out a prima facie case against the accused for court to reasonably convict the accused on the evidence on record. The court held that the prima facie case had not been made out by the prosecution. In this case the testimonies given by the prosecution witnesses were contradicting each other and as if that was not enough they were characterized with denials especially on the part of the mother of the victim. The court was not satisfied that evidence given by prosecution was sufficient enough to have the accused convicted. Accordingly court dismissed the charges brought against the accused and acquitted him accordingly.
THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA AT JINJA
CRIMINAL SESSION CASE NO. 272 OF 2011
UGANDA……………………………………………….PROSECUTOR
VERSUS
WALYANDA ASUMAN ISABIRYE………………………..ACCUSED
BEFORE: THE HON. JUSTICE GODFREY NAMUNDI
RULING
This is a Ruling on whether the prosecution has made out a prima facie case against the accused.
A prima facie case is one where a reasonable Tribunal would convict on the evidence available if no other evidence is called or even if the accused offers no defence.
As cited in the case of Labiro alias Musa Vrs. Republic, the court may hold that there is no case to answer when there is no evidence to prove an essential element or the evidence has been discredited or the evidence is so unreliable that it cannot be believed.
The evidence of participation of the accused in this matter revolves around the testimony of the victim – Kasakya Sarah. She states that the accused had sex with her 2 times - once near her home, and the second time at the office of the accused. Both times she reported to no one and does not even recall the days or month when the same took place.
She then claims she reported to her teachers – one Nsada James (PW3) and Ndagire Alice Mpagi (PW4).
The said witnesses in their testimony deny the victim ever told them that the accused had defiled her.
She states in her testimony that when the accused visited their home and asked for sex the 3rd time, that is when she revealed to her mother that the accused had been defiling her more than once and this time had come for more sex.
The mother however who was PW2 denied that the victim ever reported to her that the accused had ever had sex with her. That she only told her that the accused has asked her for sex and that is why she reported the matter to the LC.
With all the contradictions, denials and what I consider to be outright lies on the part of the victim and most of the witnesses – one wonders who is fooling who.
I find no sufficient evidence to support the Indictment against the accused.
The charges are dismissed and the accused is acquitted accordingly.
Godfrey Namundi
Judge
16/01/2014
16/01/2014:
Accused in court
Prosecutor: Janat Kitimbo
Defence: Munyamasoko Chris
Court: Ruling delivered in open court.
Godfrey Namundi
Judge
16/01/2014
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