PC Wamala and 2 Others v Uganda (Criminal Appeal No. 109 of 2016)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The Court of Appeal held that the trial judge's failure to conduct a trial within a trial to test the voluntariness of the third appellant's retracted charge and caution statement, and his failure to sum up the law and evidence to the assessors under section 82(1) of the Trial on Indictments Act, were fatal procedural irregularities that rendered the trial a nullity and occasioned a miscarriage of justice. Because the confession formed the core of the prosecution case and was rendered inadmissible, the remaining evidence could not sustain the convictions. Given that the appellants had already spent over nine years incarcerated, ordering a retrial would be futile. The convictions and sentences were quashed and the appellants acquitted.
Outcome
Convictions and sentences quashed; appellants acquitted and set at liberty unless held on other lawful charges; no retrial ordered
Facts
The three appellants, two of them police constables, were indicted for the murder of Zhan Xunhong and the aggravated robbery of Li Chang Ging of cash and two total station surveying machines, all valued at about UGX 41,018,800, the property of the Chinese Communication and Construction Company at its camp in Kiruhura district on 29 July 2012. They were convicted and sentenced to 55 years' imprisonment on the murder count and 25 years on the robbery count, to run concurrently. The prosecution case rested substantially on the charge and caution statement of the third appellant, who objected to its admission, stating he made it late at night and had been tortured by police. Although the trial judge stated in his judgment that a trial within a trial had been conducted and the statement found voluntary, the court record contained no evidence that such a trial within a trial or any summing up to the assessors had actually taken place.
Issues
- Whether the trial judge erred by failing to conduct a trial within a trial to determine the voluntariness of the retracted charge and caution statement.
- Whether the failure to sum up the law and evidence to the assessors rendered the trial a nullity.
- Whether the conviction based on an improperly admitted confession could stand.
- Whether a retrial should be ordered or the appellants acquitted.
Orders
- Ground No. 1 and Ground No. 2 succeed.
- The conviction of the appellants is quashed.
- The appellants are acquitted.
- The appellants are set at liberty unless held on other lawful charges.
Rules and key headnotes
Legislation cited (17)
- Penal Code Act s.188
- Penal Code Act s.189
- Penal Code Act s.285
- Penal Code Act s.286(2)
- Trial on Indictments Act s.82(1)
- Trial on Indictments Act s.132(1)(a)
- Trial on Indictments Act s.132(1)(d)
- Trial on Indictments Act s.139
- Evidence Act s.23
- Evidence Act s.24
- Judicature Act cap 13 s.11
- Criminal Procedure Code Act s.34
- Judicature (Court of Appeal) Rules r.32(1)
- Judicature (Court of Appeal) Rules r.66(2)
- Constitution of Uganda Article 23
- Constitution of Uganda Article 23(8)
- Constitution of Uganda Article 28
Cases cited (12)
- Adiga Johnson David v Uganda (Criminal Appeal No. 157 of 2010)
- Abdalla Nabulere & Anor v Uganda (1979) HCB 77
- Mumbere Julius v Uganda (Supreme Court Criminal Appeal No. 15 of 2014)
- Kamya Johnson Wavamuno v Uganda (Supreme Court Criminal Appeal No. 16 of 2000)
- Tuwamoi v Uganda [1967] EA 84, 91
- Amos Binuge & Others v Uganda (Supreme Court Criminal Appeal No. 23 of 1989)
- Walugembe v Uganda (Supreme Court Criminal Appeal No. 39 of 2003)
- Sam Ekolu Obote v Uganda (Supreme Court Criminal Appeal No. 15 of 1994)
- Agaba Lilian & Amutuheirwe Patrick v Uganda (Criminal Appeal No. 247 & 239 of 2017)
- Rev. Father Santos Wapokra v Uganda (Criminal Appeal No. 204 of 2012)
- Turahi Mugambe & Anor v Uganda (Criminal Appeal No. 48 of 1998)
- Rwabugande
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.