Wakilii

Wanyoto and Another v Sgt Oumo and Another (Miscellaneous Application No. 26 of 2020)

High Court · [2021] UGHCACD 14 · 2021 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for enforcement of human rights arising from Criminal Case 75 of 2019, seeking nullification of trial based on alleged torture
Decision
Application dismissed; criminal trial to proceed

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Holding

The court dismissed the application to nullify a criminal trial based on allegations of torture. While the court found credible evidence that charges against the first applicant were maliciously preferred by the investigating officer, it held that the applicants failed to prove with sufficient medical or physical evidence that torture had been inflicted on the second applicant. Without proven violation of non-derogable rights, Section 11(2) of the Human Rights (Enforcement) Act 2019 could not be invoked to declare the trial a nullity.

Outcome

Application dismissed; criminal trial to proceed

Facts

The applicants were accused persons in Criminal Case 75 of 2019, charged with obtaining money by false pretence, cheating, and money laundering in relation to defrauding one Ssuuna Dauda of UGX 1,270,000,000. The second applicant alleged he was tortured by the first respondent (a police officer) by having sticks inserted between his fingers and tied tightly to inflict pain, and was detained for approximately 30 days before being taken to court. He claimed this torture forced him to sell his land to raise money demanded by the investigator. The first applicant, a lawyer, alleged he was approached to buy the land and later maliciously charged after a deal involving the property proceeds went bad. Audio recordings were tendered showing the first respondent discussing plans to maliciously charge the first applicant. The applicants sought to have the criminal trial declared a nullity under Section 11(2) of the Human Rights (Enforcement) Act 2019.

Issues

  1. Whether the 2nd applicant Mugisha Patrick alias Kantu Allan was tortured.
  2. If so, whether such torture violated his non-derogable rights so as to render the trial a nullity under Section 11(2) of the Human Rights (Enforcement) Act 2019.

Orders

  • Application dismissed.
  • No order as to costs.
  • The DPP should focus on the trial of persons alleged to have defrauded Ssuuna Dauda.

Rules and key headnotes

Human Rights — Freedom from Torture — Burden of Proof — Requirement for Medical or Physical Evidence
An applicant alleging torture must adduce medical or physical evidence to demonstrate the effect the alleged torture had on their physical or mental condition. An applicant cannot merely allege torture and expect the court to find in their favour without credible, believable, verifiable and proven evidence that their non-derogable rights have been infringed upon.
Human Rights — Non-Derogable Rights — Section 11(2) Human Rights (Enforcement) Act 2019 — Application
For a court to apply Section 11(2) of the Human Rights (Enforcement) Act 2019 and declare a criminal trial a nullity, there must be credible, believable, verifiable and proven evidence that a person's non-derogable rights and freedoms have been infringed upon. It is a serious matter to declare a trial a nullity and acquit the accused, and the court must be satisfied on the evidence adduced that fundamental rights and freedoms that are non-derogable have been violated or infringed.
Evidence — Audio Recordings — Voice Identification — Assessment of Authenticity
A court may assess the authenticity of an audio recording and identify a speaker by comparing the voice in the recording with the person's voice heard in court proceedings. Where circumstances irresistibly point to a particular person as the speaker, and the voice is consistent across a lengthy recording without evidence of imitation, the court may conclude the recording is genuine despite the person's denial.
Criminal Law & Procedure — Prosecutorial Discretion — Malicious Prosecution — Abuse of Process
Investigators and prosecutors must not allow malice or bad faith to influence decisions on who to charge in court. Where evidence demonstrates that charges were preferred against a person in bad faith by an investigating officer, this constitutes an abuse of the criminal justice process, though it may not warrant nullification of the trial absent proven violation of non-derogable rights.

Legislation cited (10)

Full judgment

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Wanyoto and Another v Sgt Oumo and Another (Miscellaneous Application No. 26 of 2020) [2021] UGHCACD 14 (10 February 2021)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.