Muraki v Rex (Criminal Appeal No. 227 of 1949)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The Court of Appeal dismissed the appeal against a murder conviction. While the practice of taking a confession in the presence of a policeman who had previously questioned the accused was held to be undesirable and should be avoided, the Court found ample corroboration of the retracted confession through eyewitness testimony, physical evidence, and the appellant's own statements at trial.
Outcome
Appellant's conviction for murder upheld
Facts
The appellant was convicted of murder by the High Court of Uganda. He made a detailed confession to a police officer, which he later retracted, claiming it was extorted by force. A policeman who had previously questioned the appellant was or may have been present when the confession was made to his superior officer. The prosecution relied on the confession, eyewitness testimony from Muduwa (a former wife of the appellant), the finding of a spear-head pointed out by the appellant, the appellant's own statement at trial, and evidence from defence witnesses.
Issues
- Whether a confession made in the presence of a policeman who had previously questioned the appellant was admissible.
- Whether there was sufficient corroboration of the retracted confession to sustain the murder conviction.
Orders
- Appeal dismissed.
- Conviction for murder upheld.
Rules and key headnotes
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.