UGANDA::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: PROSECUTOR
JUDGMENT:
Machiika Muhammad who I shall refer to as the accused in the rest of my judgment is indicted for robbery contrary to sections 272 and 273 (2) of the Penal Code Act.
The particulars of the
offence are that,
Machiika Muhammad alias
Meddy and others still at large, on the
2nd day of July, 2000 at Entebbe town, in
Mpigi District, robbed
Kijoma George of cash USD 28000 and immediately before or immediately after the said robbery threatened to use a deadly weapon, to wit a pistol, to the said
Kijoma George.
The accused denied the charge and was represented at his trial by
Abdu Katuntu while Mrs. Susan
Nafula Bukenya represented the state.
The prosecution called five witnesses to prove its case. The first witness was Dr.
Nsereko who testified that he examined the accused on P.F 24 on 25/10/2000. The doctor found the accused 29 years, he had no injuries and was mentally normal. His evidence is contained in exhibit
P1.
The next witness was
Logojo Wilson (
PW2) who told court that the accused was introduced to him as a dealer in gold by one Hussein
Kibwaka in June 2000. A meeting was arranged between the accused,
Logojo, Hussein and
Kijoma during which the accused offered to sell 50 dollars of gold at $ (USD) 40000. The accused gave 15 dollars of gold to
Logojo as a sample and informed
Logojo that the balance of the gold was in Entebbe.
Logojo made advance payment of USD 12000 at