Acia v Uganda [2023] UGCA 146
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The Court of Appeal allowed the appeal, quashed the conviction for murder and set the appellant free. The prosecution evidence, which surfaced about a month after the crimes with no explanation for the delay, was suspect and insufficient to prove participation beyond reasonable doubt. The Court also held that the trial judge failed to provide reasons for departing from the joint opinion of the assessors, who had advised acquittal for cogent reasons. Section 82(3) of the Trial on Indictments Act is couched in mandatory terms, and this failure occasioned a miscarriage of justice, rendering the conviction fatal.
Outcome
Appellant acquitted, conviction quashed and set free
Facts
On the evening of 17 February 2018, PW1 was riding a motorcycle when he met four people at Ala Bridge, two armed with guns. He recognised the appellant, whom he knew previously, as one of the armed men. He abandoned the motorcycle and fled to alert villagers. A search party heard gunshots and found Afeku Festo, PW1's younger brother, shot. The deceased allegedly told PW2 and PW4 that the appellant had shot him. He died on 18 February 2018. PW7 recovered caps he attributed to the appellant and another accused, handing them to police a month later. No report of the robbery, the recognition of the appellant, or the dying declaration was made to police until about a month after the incident. The appellant remained in his village throughout. The investigating officer received a report on 23 February 2018 but visited the scene only on 28 March 2018. The assessors advised acquittal, citing weaknesses and unexplained gaps in the evidence.
Issues
- Whether the prosecution proved beyond reasonable doubt that the appellant participated in the murder of the deceased.
- Whether the trial judge's failure to give reasons for departing from the joint opinion of the assessors under section 82(3) of the Trial on Indictments Act was fatal to the conviction.
Orders
- Appeal allowed.
- Conviction quashed.
- Appellant acquitted and set free.
Rules and key headnotes
Legislation cited (3)
Cases cited (4)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.