Admissibility

Uganda Vs Hussein Hassan Agade & 12 Ors (CRIMINAL SESSION CASE No. 0001 OF 2010 ) [2016] UGHCCRD 5 (27 May 2016);

Flynote: 

Search Summary: 

The accused persons  were  indicted with the offence of terrorism, murder and attempted murder.

The court considered whether the evidence of an accomplice  was admissible.

Headnote and Holding: 

Court ruled that there is no doubt the uncorroborated evidence of an accomplice is admissible in law.

 

In the instant case, both PW1 and PW2 admitted in their sworn testimonies that they participated in the commission of the offence of terrorism at different stages. When he was indicted of this offence, court  convicted PW2 on his own plea of guilty when he confessed to having played a central role in perpetrating the crime. He testified at the trial while serving a twenty-five year sentence that court had earlier imposed on him. Court thus held that he did not seek to exculpate himself in any way, from any wrongdoing in the commission of the offence.

 

Court further considered whether the confession of one of the accused person was corroborated.

In this case  prosecution adduced evidence that the 4th accused person led the police to his Namasuba home, and identified for them the pit latrine where he had thrown the phones he had used in the execution of the bombing mission. Court held that the recovery of these phones from the latrine indeed corroborated the 4th accused’s  retracted confession that he did participate in the Kampala bombing mission.

 

Court accordingly found each of the accused persons guilty of committing the offences of terrorism, murder, and attempted murder, with which they were indicted.

 

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