Uganda v Turumanyadeo and Another (Criminal Session Case No. 0210 of 2020)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The court held that while the prosecution proved the deaths of Oola Lawrence and Adupa Lamex occurred unlawfully and with malice aforethought, it failed to prove beyond reasonable doubt that the accused persons caused those deaths. The circumstantial evidence was insufficient to exclude other reasonable hypotheses. The accused were acquitted.
Outcome
Accused acquitted and discharged
Facts
On 23 May 2020, the first accused Turumanyadeo came to the home of PW4 asking for the deceased Oola Lawrence. Both the deceased and the first accused left together to go to a quarry. Oola Lawrence requested soap to bathe before leaving. He did not return that day. The next day, 24 May 2020, the bodies of Oola Lawrence and Adupa Lamex were found floating in a pond at a quarry owned by a Chinese construction company. The bodies were retrieved by police. Post-mortem examination revealed both victims died from broken necks. No direct evidence linked either accused to the deaths. The second accused was not placed at the scene by any witness.
Issues
- Whether the prosecution proved beyond reasonable doubt that the accused persons caused the unlawful deaths of Oola Lawrence and Adupa Lamex.
- Whether the circumstantial evidence was sufficient to establish the participation of the accused persons in the commission of the offense.
Orders
- The accused persons are acquitted of the murder charge.
- The accused should be released immediately unless they are being held on other lawful charges.
Rules and key headnotes
Legislation cited (3)
Cases cited (10)
- Matovu Frank and Another v Uganda (Criminal Appeal No. 111 of 2018)
- Miller v Minister of Pensions [1947] 1 All ER 372
- Woolmington v DPP [1935] AC 462
- R v Gusambizi Wesonga (1948) 15 EACA 65
- Uganda v Bosco Okello [1992-93] HCB 68
- Francis Coke v Uganda [1992-93] HCB 43
- Nandudu Grace and Another v Uganda (Criminal Appeal No. 4 of 2009)
- Uganda v Muwonge George (Criminal Case No. 513 of 2009)
- Simon Musoke v R [1958] EA 715
- Teper v R [1952] AC 489
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.