Admissibility

Uganda v Akena & 2 Ors (CRIMINAL CASE NO. SC. 0125 OF 2015) [2016] UGHCCRD 16 (28 April 2016);

Flynote: 

Search Summary: 

This was a ruling on a prima facie case. It was alleged that the 3 accused persons murdered Okot Geoffrey on the 29/6/2013 at Okwa stream in Lamwo District. When they were arraigned before Court; they all pleaded not guilty putting all the essential ingredients of the offence of murder in issue.

Headnote and Holding: 

The court considered whether the prosecution established a prima facie case.

The court held that the standard of proof is very high.  The prosecution must prove all the essential ingredients of the offence of murder beyond reasonable doubt. In this case, the police did not carry out investigation and the State Attorney then did not perform his duty of directing and advising the police on what to do. The post mortem  was carried out by a non qualified person and was rendered useless.

Court accordingly acquitted the accused persons and ordered for their immediate release.

 

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