THE REPUBLIC OF UGANDA
IN EH HIGH COUERT OF UGANDA
HOLDEN AT KUMI
CRIMINAL SESSION CASE NO. 62 OF 2012.
UGANDA ................................................................................PROSECUTOR
VERSUS
EMORUT LAWRENCE AND 2 OTHERS.............................................ACCUSED
18.11.2013:
Accused No. 1 present.
Accused No. 2 present.
Accused No. 3 present
Alleluya for stare.
Tiyo for accused.
Court Clerk Ecutu.
Court:
Indictment read and explained to the accused persons.
Accused No. 1 I deny the charge.
Accused No. 2 I deny the charge.
Accused No. 3 I deny the charge.
Court: Plea of not guilty entered to all accused persons.
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State: I apply for a hearing date.
Assessors Okiror Joseph and Oruka James.
A1: No objection.
A2: No objection.
A3: No objection.
Court: Case fixed for hearing on 22.11.2013. Accused further remanded.
Hon. Lady Justice H. Wolayo,
JUDGE,
18.11.2013.
22.11.2013:
Accused present.
Alleluya for state.
Tiyo for accused,
Court Clerk Ecutu.
Assessors Okiror Joseph and Oruka James.
Assessors sworn in.
2
State: Counsel and accused and I have agreed to admit:PF 3.
PF 24 for A1 –
PF 24 for A2.
PF 24 for A3
PF 48- 1`
Tiyo:
That is correct.
Court:
PF.3 marked P. exh. 1
PF 24 or A1 marked P. exh. 2
PF 24 for A2 marked P. exh 3.
PF 24 for A3 marked P. exh. 4.
PF 48 B marked P. exh. 5
PW.1 Catholic, sworn Igune Tedero, 65 years old, un employed, ex soldier,
resident of Kajamaka village, Kanyum Kumi district states:I know Emorut Lawrence, Cousin Brother. He is A1 I know Akol Silver A2.
He is my cousin brother.
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Igune John, A3 cousin brother.
I knew deceased Amongin Elizabeth. She was my wife.
On 9.5.2011, while I was at home, at about 9. 00 p.m. the three accused
persons came when they arrived; I was listening to the radio at night with the
deceased. We were only two in the house. The door was open. We had not
locked the door and there was moon light. The tatoba (lamp) was on. The
three entered the house at once, blew out tadoba and began assaulting me.
When I fell down, they began stumping me until I lost consciousness. As I lay
next to the mattress, the mosquito net fell on me and accused left me leaving
me for dead. They then turned on my wife and began assaulting her. I
remained quiet. I could hear what was happening. I was drawing from my
experience as a soldier and remained quiet during this period. The three had
torches which they flashed as they assailed my wife. I did not hear her say
anything. I remained quiet after gaining consciousness. They took about 30
minutes in the house. After killing my wife, they hang her. I heard them
pulling a rope as they hung her, in the hut. After that they left and shut the
door. Soon after they had left the, body of the deceased fell on the floor. I
remained in the same position until morning.
On the next day, my sister came by and she noticed the chicken were
struggling to get out but no one to open for them. She pushed the door open
because she thought we were not at home. When Akol Margaret my sister
4
pushed the door open, she made an alarm on noticing my wife was dead. I
was very weak and was rushed to hospital.
When the accused entered the house, they told me my time for dying had
come today. All three spoke in unison. They have not been on good terms
with me because of my land. When they entered the house, they kicked the
tadoba. I reported them to the clan, the LC. 1 and LC.III I won the case in the
LC.II Court.
Earlier, the three shot my brother dead and they fled to Busia.
I then
convinced them to come back. My wife was buried while I was admitted in
hospital. It is the three accused who attacked us at night. That I did not have
children and yet I wanted to retain my land. I had chosen A1’s son to be my
heir.
XXby Tiyo:
- That morning when Akol came by, I could not speak.
- I did not talk to anybody that morning but while in hospital, the O/C CID
came and I told him about the assailants. The O/C CID was the first
person I narrated the ordeal.
- When the assailants entered, the tadoba, lamp was on. That is why I
could see and recognized the assailants.
- If the lamp was off, I could not have seen.
5
- Immediately they entered, they kicked the tadoba and began assaulting
me as hey flashed their torches.
- I saw them from the tadoba light.
- I have land wrangle with accused persons.
- Other people were aware of the land disputes.
- I recorded a stamen.
- Shortly after, I regained consciousness.
- The stamen was read back to me.
- I signed it.
- I recorded the statement while in hospital after regaining consciousness.
- I became unconscious after I had been assaulted for about 30 minutes.
State: No re-examination: Nil.
PW.2 church of Uganda, sworn No. 26413 Detective Sergeant Anguria
William, 50 years old, attached to Katine police post Soroti district states:In May 2011, i was attached to Kumi police station.
I recall the three accused persons.
I was the investigating officer.
On
10.5.2011, while at the station, my O/C CID Mr. Kikomeko called me to his
office and told me of an incident in petoyi village, Kayamaka parish, of mob
injustice. I proceeded to the scene with a crew. We found a big crowd at
Petoyi village and police of Kanyumu in control.
6
Two men were badly beaten. Igune John and Akol Silver, A3 and A2. They
were said to be the suspects in the murder. Emorut was not yet found. The
two suspects were taken to hospital. I was led to scene of murder, at Tedero’s
home.
One room iron roofed house. We entered and found a body of an old woman.
We were told it was Elizabeth Amongin. The body lay facing up on the back. A
red piece of cloth was tied round the neck. The same type of cloth was tied to
the timber in the roof. There was a sponge mattress beside the body. There
were signs o scuffle in one house. I drew a sketch plan at scene of crime,
officer took photographs. Detective Corporal Opio.
Court: Witness identifies sketch plan.
PW.1 The body lay about ½ meters from the piece of cloth in the roof.
State: I pray to tender the sketch plan.
Court: Sketch plan is marked P. exh. 6.
Counsel: No objection.
Court: Witness identifies photographs.
State: I pray to tender for identification the photographs.
Counsel: No objection.
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Court: The photograph accepted as exhibits marked collectively as P. exh 7.
PW.2 The body was carried to Atutur hospital for post mortem.
Igune Tadero’s statement was recorded after he was discharged from hospital.
He told me he identified the assailants. He said he had a long standing dispute
over land with the assailants.
I investigated this conflict and got similar story from different people. He said
the assailants are Emorut, Akol Silver and Igune John. The post mortem report
shows deceased died of strangulation.
XX by Tiyo:
-
I have worked as investigating officer for 20 years.
- Motive for the crime is important.
- It is not true that I arrested accused because off land only.
- Court: Witness identifies police statement.
Counsel: I pray to tender witness’s statement as evidence.
State: No objection.
Court: Police statement by PW.2 marked D exh 1.
State: No re-exam.
PW3: Catholic sworn, Okwii Fred, 53 years old, LC.II Chairman of Kajamaka
Parish, Kanyum Sub County states:-
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I know the three accused persons, Emorut, Akol Silver and Igune John. They
are residents of my parish. Two of them migrated to Atutur only Emorut
remains a resident. I know Igune Tedero. He is a resident prior to the incident,
Igune Tedero and accused had sour relations due to a land dispute.
I
entertained the dispute in 2010 between Emorut and Tedero.
We registered the case on 3.4.2010, Tedero Igune was the complainant. I
listened to both parties. I decided the case against Emorut Lawrence. I wrote
a judgment. I singed and stamped it. Other members of the court were Ariko
George William, Ogiatum Lawrence, Ochom Martin, vice chairman. Muron
Gerefasio Mobiliser. The judgment was written in Ateso.
State:
I wish the witness to identify photocopies of the judgment.
Court:
Witness identifies the judgment.
Court:
Witness identifies the photocopy but also displays original copy.
Court:
Original Judgment is inspected by state, Counsel, assessors and
myself.
State:
I wish to tender the photocopy.
Counsel:
No objection.
Court:
Photocopies of judgment marked P. exh. 8.
PW.3 After judgment was delivered; Emorut swore before me that he would
not appear again with his brother Tedero before any court. From that time,
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there was peace between the two parties until March 2011. This was when
rainy season started Tedero reported that Emorut had started threatening him.
I told him to cultivate his land. When Tedeo began to cultivate the land,
Tedero reported that Emorut had chased him from the land. This was on
6.5.2011 when Tedero reported the harassment by Emorut. I accompanied
Tedero to Kanyum Police post to make a complaint.
On 10.5.2011, at about 8.30 a.m. LC.1 Chairman and clan leader reported that
Tedero and his wife had been killed. I went to the scene with police. There
was a big crowd including Emorut but when he latter saw us, he run away and
was chased by mob. Emorut was rescued and rushed to Kanyum police post.
Tedero was not at the scene. He had been taken to hospital, only body of his
wife was found. There was blood oozing from the mouth, a piece of cloth
round the neck and remnants of same cloth were hanging on from the roof of
the house. I did not visit Tedero at the hospital. The mob also got hold of Akol
and Igune John assaulted them.
XX by Tiyo:
- Tedero used the land prior to registering the case. He used it peacefully
prior to the case.
State: No re-exam.
Court: Court will resume after 30 minutes.
10
Hon. Lady Justice H. Wolayo,
JUDGE,
22.11.2013.
1.30 P.M.
Court as before:PW.4 Christian sworn, Pastor Okwii Francis, 37 years old, resident of
Kanyamungu trading centre, Pastor of Kamunya PAG Church states:I know the three accused persons. Emorut , Akol Silver and Igune John. The
three are immediate neighbours. Tedero Igune is my neighbour. I knew his
wife Amogin Elizabeth. My neighbours had bad relations. The death of
Amogin occurred in May 2011, on a Friday in May 2011 prior to the incident,
Tedero was ploughing with sons of Okwi Joseph his garden. I heard a quarrel
between Tedero and Akol and Emorut, accused persons. The latter two held
pangas. I would see from my house what was going on. The distance was
about 200 away. Tedero returned to his house with his wife. Akol was
threatening to kill Tedero. Okwii’s boys took off Akol and Emorut then stood
by the roadside and Warned Tedero he would clear his life “If you are jocking
with Emorut don’t joke with me” were Akol’s words. Tedero ran to LC. 1
Chairman to report.
On Tuesday morning after this quarrel, I went to my garden. At about 8.00
a.m. I heard an alarm from Tedero’s home. I rushed to the scene. I found
Amongin lying dead in her house and Tedero had been carried outside the
11
house and was lying on verandah outside the house. I and another person
Joseph put him on the bicycle. I then called the police. Tedero was taken to
hospital. As I moved with Tedero on the way to hospital, Tedero was signalling
with his hand at Emorut’s home. I returned to the scene as Tedero was taken
to hospital by other people. The police arrived in and Emorut ran away.
XX by state:
-
I did not know when deceased died.
- Emorut is a neighbour to the deceased’s home.
- When I reached the scene, Emorut was at his home.
- Then he ran towards the swamp.
- Emorut did not come to the scene but took off.
- I don’t know why he ran away.
- The quarrel was after Akol and Emorut went to the garden.
- I saw them holding pangas.
- Joseph Okwii has sons.
- I saw them pas by Emorut’s home
- They ran away from the quarrel.
- I could see and hear what was happening in the garden.
- I made a statement to the police.
- It was read back to me,
- I saw, heard and inquired from the boys as well.
- I don’t remember if I told police what Akol uttered to Tedero.
- It is true Akol made threats.
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- He was with Emorut, A1. At the time.
- I saw two pangas.
- That morning, I helped to place Tedero on the bicycle.
- He was not able to talk but made signs.
- Emorut has a wife and children.
- Re- examination:
- -At the garden, I heard the quarrel and boys of Okwii confirmed to me.
- Odeke and Erasmus are their names.
In answer to court:- The three all are brothers.
- The incident at the garden happened on Friday.
- On the next Monday, Amongin was killed.
PW.5 Church of Uganda sworn, Anna Grace Akol 56 years old, cultivator
Atutur, Akalabi Kapokin , Aturrur Sub County, Kumi district states:-
I know the three accused person. Emorut, Akol and Igune. They are my
cousin’s sons of my paternal uncle. Igune Tedero’s my biological brother, same
father and same mother. I knew Amongin, my mother and wife had asked me
to go to them to enable us visit a relative in Kamacha village.
In the morning when I went to their home, the home was quiet and chicken
were crowing, I pushed the door opened as I was concerned at their
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whereabouts. I saw my brother’s wife lying on her back. She was dead and
there was a piece of cloth tied lightly round the neck. My brother was lying,
helpless and breathing with difficulty and he could not speak. I raised and
alarm, residents who came running. Police were called on phone while people
were gathered, I observed Emorut pass by, when he was called, he said
whoever wanted him should follow him. My brother Tedero was taken to
hospital. I remained with the deceased as I waited for police.
I visited Tedero in hospital on Wednesday after Amongin’s body had been
taken by her relatives. He was unable to speak. I stayed in hospital with two
of my other sisters to attend to him.
I was there when Tedero gained consciousness. He told me he was attacked
by our cousins. Igune A3, Akol A2, and Emorut A1. He told me that before the
assault, he recognised them as there was light in the house. Before the death
of Amongin, the relationship between accused persons and my brother was
bad because of a garden. When the dispute was before the clan, I was called.
XX by Tiyo:
- I was the first time to come to the scene.
- The door was shut but it was not bolted.
- The chicken were in the same house where my brother and his wife
lived.
-
I pushed the door open.
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- If I said Tedero opened the door for me, I was not in my normal senses.
- My brother was almost dead in the house.
Counsel:
I wish to tender the police statement.
PW.5 I did not sign the statement.
I do not know how to write.
I thumb marked it.
State: No objection.
Court: Marked D. Exh 2.
PW.5: Before I spoke to my brother, I knew the killers because they had been
threatening us before. I and my two sisters were the first people he told his
assailants while he was on drip in hospital.
State: Re examination:-
PW.5 it is me who pushed the door open.
This is what I told the police.
When I opened the door, Tedero was lying outside of the house.
I called out to him when I reached the home but he did not open.
When I entered the house, I called him but he did not respond.
He could not make any movements when he was taken out, he became
unconscious. The eyes were closed.
15
State: That is the close of the prosecution case.
RULING
I have listened to the evidence and addressed myself to the law.
I am satisfied that a prima facie case has been made out and accused persons
are put on their defence. Provision of Section 73 of the TIA explained to the
accused persons.
Hon. Lady Justice H. Wolayo,
JUDGE,
22/11/2013.
Court: Ruling read out.
Counsel: My clients will give sworn evidence.
Court: Case adjourned to 10.12.2013 for defence. Accused further remanded.
Hon. Lady Justice H. Wolayo,
JUDGE,
11/11/2013.
10.12.2013:
3 Accused present.
Tiyo for accused.
Alleluya for state.
Court Clerk Ecutu.
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Assessor: Okiror and James Oruka.
Tiyo: My clients will give sworn evidence. We shall call witnesses.
DW. (A1) Catholic sworn, Emorut Lawrence, 55 years old, cultivator, resident
of Kayamaka village, Kanyum , Kumi district statesIt is not true I killed Amongin Elizabeth. On 9.5.2011 at about 6.00 p.m and
into the night , I was at my home. My home is in Ajamaka, Opetoi village. I
was with my wife Aluko Berita. My sons and daughters and a wife of my son.
This was from morning till the following morning. The clan chairman resolved
the dispute. The dispute was in respect of a garden which I redeemed. I
redeemed this garden from Okiring Tedero had give out a garden which I
redeemed. He wanted to sell it. My father Odong Joseph called a clan meeting
to resolve that matter. This was in 2009. And Tedero took one of my sons
Odongo James to be his customary heir and I was happy about it. A document
was written to that effect which we all signed. The document is with the
chairman of the clan. I was happy with the decision to appoint my son. That
day, the clan was entertained at my home and Tedero was there. I never went
to the LC Chairman over the dispute.
I received a summons by the LC
Chairman. The matter was resolved by the LC.1 Chairman.
Both of us appeared before the LCII Chairman Court asked Tedero if he allowed
me to redeem the garden and Tedero accepted. It is me who went to LCII
court, this was in 2010.
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There was no quarrel that took place and Akol was not there that day, as he
was in his home in Atutur sub county. Nobody was at the place of the alleged
quarrel.
At that time, Pastor wanted to buy some cement from Tedero. This was
cement left over from construction of a house. Tedero and Pastor Okwi are
brothers in the clan. Nobody knew about the death of the deceased because it
was at night. Those who were attacked did not make an alarm. I am a neighb
our. I was in my house with member of my family sleeping until the next
morning. In the morning, people went to the garden to dig.
My wife and daughters went to weed groundnuts and sons went to plough. I
was the only one at home with my youngest child as I was unwell. My child
Apio Irene sloped down towards deceased’s home. She returned and said an
old woman in that home had died. I told Apio to stay at home as I called my
sons to return from the gardens, there are; Tukei Charles, Emorut Robert alias
Bernard. I went to call them.
As I was moving to where my sons were ploughing, I saw a group people
emerge from home of the deceased and they were alleging that I was running
away. There were two police officers in their group. I told them I was going to
call my sons. The mob assaulted me and i was saved by the police. The two
accused person, Akol Silver and Igune John, where they had bought land and
settled with my father. The place is 3 miles from my place. After saving me
from me mob, I was taken to Kanyum police post on a motor cycle.
18
XX by State:
-
I won the case.
- It is the same case of the decision attested to by the LC. III Chairman.
- I redeemed the garden.
- According to the LC Judgment P. exh 2 I lost.
- I accepted defeat.
- Okwii lied to court and when he said I swore never to stand with Tedero
again.
- I never wanted the cement.
- Paster Okwii, wanted to buy the cement cheaply.
- We are all from the same clan including pastor Okwii.
- I learnt about the death at about 9.00 a.m.
- I learnt about it from my young daughter Apio. I had had not gone to
the garden as I was sick.
- My family members went to work.
- I did not know what had happened.
- I did not have confrontation with Tedero in the garden a few days
before.
- I don’t know why the pastor told lies.
- I will call the clan chairman to be my witness.
Re- examination- Tedero attends prayers in Catholic Church.
- Both I and Tedero are close to pastor Okwii.
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- I was the one using the land in dispute.
- Before the LC.II court decision, I was using it.
- Before I redeemed it, my father Odong Joseph was using it. I did not pay
Tedero costs after the LC. II decision.
- I paid money to Okiring to whom the garden had been pledged to by
Tedero.
Tedero (A2), catholic sworn, Akol Silver, 41 years old, resident of Akalabai
village, Atutur sub county, Kumi district states:I am a cultivator. On 9.5.2011 from 6.00 p.m. onwards, I was at home. I
reached home at 6.00 p.m. I entered the house at 7.00 p.m. I slept with my
wife until the next morning. She is called Ayume Dorcas.
Other people in the homestead included my father Odong Joseph (died last
September) and a school going child Oreta Joseph. The home is located in
Akalabai village, Atutur Sub County.
The death occurred from Kajamaka
village. I don’t stay in this village. My home is about 3 miles away, not sure.
If it is 3 Km or miles. I was aware of the dispute when it was presented to the
clan leaders. I was not involved in the land dispute. Pastor told us lies about a
confrontation in a garden, allergy between myself A1 and Tedero. I have good
relations with Pastor Okwii. Pastor had no reason to deceive. I learnt about
the death of deceased on 10th. I was told by the mob that came to arrest me.
They asked me who killed “Supa” and I told then, I don’t know. I was at home
with Igune john. My wife Ayume Dorcas and Igune’s wife, Christine Aluka. The
mob dragged us and made us to run up to Kajamaka village to kill us from
20
there. They dragged I and Igune John. When we were about to reach the
home of Emorut they wanted to kill us from there. They assaulted and cut us.
We all collapsed. They were not accompanied by policemen.
Court: Witness displays scares on the back, face.
I became unconscious and did not know how I reached the hospital. I gained
consciousness at 6.00 a.m in hospital. I had no problem with the deceased. I
lived in Aturur. I had no problem with Tedero as we did not live together.
XX by state:I do not know about the land dispute between Tedero and Emorut.
I know Pastor Okwii Francis.
He stays in Kajamaka village.
We were picked from home on 10th a Tuesday at 11.00 a.m. next day after the
death of deceased.
I have no grudge with Tedero.
When the mob first came, they told us let us go to Kajamaka to solve a small
problem.
When I collapsed, they said “let us kill them” They asked me, “who killed
Supa?” I knew her as Supa wife of Tedero. Emorut A1 is my biological brother.
A3 I gune John is my biological brother. I have no problem With Pastor
Francis.
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Re exam.
Court: Court will take 10 minutes break.
Hon. Lady Justice H. Wolayo,
JUDGE,
10.12.2013.
4.00 p.m.
Appearance as before:
DW 3 (A3) Catholic, sworn, Igune John 38 years old, cultivator resident of
Akalabai village, Atutur Sub County Kumi district states:-
I need to be reminded of testimonies.
Court: Witness suffers from TB according to the defence Counsel.
From 6.00 p.m. I was beaten; I lettered my animals at 6.00 p.m. and stayed at
home throughout. I spent the night at my home with my wife, my two children
were sick. My wife is called Aluka Christine, Children Chemeri Stephen and
Igune John. I was not involved in the dispute between Emorut Lawrence and
Igune Tedero as I did not grow up in that village.
My father Odong Joseph died before giving me land. How Could I struggle for
land? Emorut is my eldest brother.
22
The distance between my home and where the deceased died is about 2 miles.
On the 19.5.2011 at about 11.00 a.m. a mob came to my home running,
armed with sticks and pangas. I thought they were hunters. They came to my
home and ordered me to go along with them. By then Akol my brother was
seated at the verandah. When I asked them “go where” but they said we are
the people who have courage to kill others. That I gave Tedero and wife
poison. When they began assaulting Akol and I; our wives made an alarm. We
were dragged across the swamp to Kajamaka village. They made us to sit three
times as they threatened to kill us when we reached home of Emorut
Lawrence, we got another group that joined in assaulting us.
I became
unconscious. I regained consciousness in hospital.
XX by State:My children were sick that day, suffering from malaria. My wife took them to
Atutur hospital. My home was destroyed I don’t have the documents. I know
nothing about Emorut and Tedero’s land dispute. I had never heard about the
dispute between Tedero an Emorut. I did not connive with my brothers to kill
the deceased.
Tiyo:
I have witnesses to call.
PW4, catholic, worn Alupo Berita, female adult 50 years old, cultivator,
resident of Kajamaka village, Kanyum, Kumi district states:-
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I am married to Emorut Lawrence. I cannot remember when I got married. I
know Elizabeth Amongin, deceased. In the night of 9th/10th May, 2011, I was at
my home until the next day. I spent the night with my husband Emorut
Lawrence. The deceased’s home is about 100 metres away. I heard about her
death on 10/5/2011 while in the garden. My daughter Apio came and told me.
XX by state:
- I have 8 children with Emorut.
- I was weeding millet near my compound up to about 10.00 a.m.
-
I had to cook etc.
- We had dinner at about 9.00 then went to sleep.
- It is not self contained.
-
Toilet is outside, I fell asleep at night.
- You cannot know if someone moves out when you are asleep.
Re- examination:- I shared a bed with my husband Emorut.
- He slept throughout until the following morning.
DW 5 Protestant, sworn, Ayume Dorcas, 22 years old, cultivator, resident of
Akalabai village, Atutur Kumi district states:-
24
I am married to Akol Silver. The name Amongin Elizabeth is not familiar with
me. I do not know what my husband is charged of. I know Asupa she is dead, I
hear she died. I recall she died on Tuesday 10/5/2011. I spent a night at home
with my husband. He did not leave home that night.
XX by state:
I have been married to Akol since, 2007. He has never beaten me. He rarely
quarrels. I would have said so if he left home that night.
Re examination: Nil.
PW.6 Catholic sworn, Alupo Christine, 24 years old, resident of Alabakai
village, Atutur , Kumi district, cultivator states:-
I am married to Igune John (A3) I have been married since 2000. I knew Asupa,
deceased. I hear she died, in 2011 May 10th. I was at my home. A group came
running. The group took our husbands away while bearing them. Later, I
learnt that it was over the allegation that they killed Asupa. I was at home the
night prior to the incident. I was with my husband. He did not leave home. He
was thee throughout. At 7.00 a.m. He left home he was going to plough a
garden. After ploughing, he returned.
On the day after the incident. He
returned home at about 10.00 p.m. He does not take alcohol. He is a family
man.
25
Tiyo: No re-examination.
I intend to call 2 more witnesses.
Court: Case adjourned to 12.12.2013.
Hon. Lady Justice H. Wolayo,
JUDGE,
10.12.2013.
12.12.2013:
3 Accused persons present.
Alleluya for state.
Tiyo for accused.
State: I pray case be stood over till 10.30 a.m.
Hon. Lady Justice H. Wolayo,
JUDGE,
12.12.2013.
10.30 a.m
3 Accused persons present.
Alluya for state.
Tiyo for accused.
Court Clerk Ecutu.
Assessors: Okiror and Oruka.
Tiyo: For further defence hearing.
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DW7: Catholic, sworn, Kokusi Aligeria, 78 years old, female adult, cultivator
resident of Kajamaka, Opetei village, Kajamaka parish, Kanyum, Kumi district
states:-
Emorut, Akol Gideon, Ojaitum Tedero Igune are my neighbours.
I knew
Elizabeth Amongin alias Asupa. She is deceased. She died in 2011. On that
day, I was in my garden that is near the home of the home of the deceased. I
heard the sister Akot of Tedero making an alarm, I went to the place of the
alarm, I got Tedero coming out of the house crawling. He said he should be
given fresh cassava to eat. I entered the house and I saw the deceased lying on
her back. There was a small piece of cloth tied around her neck. There was a
radio and a bottle of enguli beside her body. The house was not disorganised.
After that I went outside where I told the clan leader not to remove the piece
of cloth round the neck until the police arrive.
I spoke to Akot, she told me that when she tried to push the door open, it did
no open. She called Okiring. When she came with Okiring, she found that
Tedero had crawled to the door and had opened it. I observed the body
closely. I did not see anything apart from the cloth round the neck. I did not
observe any injuries on Tedero. I knew Emorut, he is in the dock.
27
Court: Witness identifies A1. He is my neighbour. The problem between
Tedero and Emorut went up to probation office. This was in 2010. I did not
hear of any problem again.
XX by State:
On arrival at Tedero’s home, I got more than 20 people. I first saw Akot when I
reached at Tedero’s home. She was standing in the compound. There were
other people. One of them was my last born school teacher. I found her
waiting. I got Tedero crawling out of the house. He had already come out of
the house. I did not find him crawling out but he was outside the house.
People had not surrounded him but people were in eh house where the body
was. Only one boy was outside. My home is about ½ km away from Tedero’s
home.
I heard he alarm by Akot and left my garden to respond about 250 meters from
Tedero’s house. I limped to the scene as I am lame. I walked slowly. Police
had not arrived. I asked Akot about who opened the door; I did not see
injuries on Tedero. He looked live someone who had been assaulted. I am
Emorut’s step mother. The three are my step sons. The dispute between
Emorut and Igune went to the probation office. Emorut redeemed the garden.
Igune was in the wrong. He used to drink a lot. I did not go to police. I was
not taken there. I spoke to Akot.
28
Re examination by Tiyo:-
- When I observed Tedero I saw nothing wrong with him.
DW8:- Moslem affirms, Ikonyon Ibrahim 62 years old, male adult, resident of
Akalkabai, Atutur Kumi district states:I am Lc.1 defence secretary Akabai village, Chairman of Ikomolo Idworamogo
clan. I settle disputes in the clan. The name Tedero Igune is familiar to me. A
clan member. Emorut Lawrence is also a clan member. I have been a clan
chairman for five years now. I entered a dispute between Igune and Emorut
over land in 2010.
In 2010, Tedero complained tome against Emorut. I sat with my committee
and resolved it. The dispute was that Tedero alleged that the garden originally
belonged to his father. Emorut alleged it was family communal land. Emorut
was using the land at the time. With consent of the clan, we gave the garden
to Tedero Igune and he appointed Emorut’s son as his customary heir. Emorut
also agreed to give his son to Tedero. From that time until now, no other
complaint was brought to me.
After resolving the dispute, we were
entertained with a he-goat. I am not aware of any other quarrel. Emorut’s son
is customary heir.
XX by state:
The dispute was entertained in 2010.
29
Information around April 2010 I was called on short notice and records are
with the secretary. I am clan chairman. The LC.II Chairman did not hear the
dispute Okwii Fred is LC.II Chairman.
No re-examination.
Voire dire:
DW 9 Apio Irene, 10 years old, a student of Akukol Primary school. Primary 3, I
got so Catholic Church, not yet confirmed. God will not be happy with them. It
is important to tell eh truth.
Court: Witness possessed of sufficient intelligence to take the oath.
DW.9 Catholic, sworn Apio Irene.
My father is Emorut Lawrence Mother of Alupo Berna. I knew Amongin
Elizabeth alias Asupa. She used to give me bananas. I did not see her this
morning. I have forgotten when I last saw her. I heard that she died. When I
learnt of her death, Iran and told my father about it and my father said he was
going to call back people who were ploughing. I ran and informed my mother
who was working in the garden across the swamp.
XX by State: Nil.
30
DW 10 Catholic sworn, Dr. Rubanza Barnabars, 39 years old, medical officer
and police surgeon in charge of Eastern region based in Mbale states:-
I am a resident of Mbale Municipality. Namakwekwe. I studied medicine at
Mbarara University of Science and Technology; I acquired a degree in medicine
and surgery, Post graduate masters, Applied Human nutritution, Makerere
University.
I have experience of 30 years. I receive cases from police to carry out post
mortem, involvement in ascertaining cause of death. I have done this for 13
years.
P. exh 1: Cause of death is asphyxia, a result of strangulation, as muscles lack
of oxygen in the body, bruises on the neck, cause of death was strangulation.
The cloth can hold the body from a hanging position. The pole can hold a body
from a hanging position. According to the photograph of the decease, he body
was hanging before the person died.
If the deceased was beaten or assaulted, there would have been external
injuries. The post mortem report does not indicate if the body was opened.
Bruises are collection of blood under the skin. The bruises on the leg could not
have cause death.
If a body falls from a hanging position, it there are objects in the vicinity, they
can cause bruises.
31
Post mortem report not conclusive on the cause of death. There are missed
steps.
XX by State:
You need assistance if there is height, to hang a body.
Re- examination:
DW 9.There is likely to be more than one person who hang the body.
Court: For submissions on 18.12.2013.
Hon. Lady Justice H. Wolayo,
JUDGE,
12.12.2013.
18.12.2013:
All the three accused present.
Tiyo for accused.
Alleuya for state,
Court Clerk Ecutu.
Assessors: Oruka and Okiror.
Tiyo: With regard to A1, he raised total denial, denial of existing grudge and an
alibi.
32
On the alibi, on the material day, he was at my home Opetei village, with his
wife and family. This was corroborated by DW.4 Alupo his wife. The offence
was committed in Akalabai . On the grudge A1 confirmed there was a dispute
between him and PW.1 it was settled in 2010.
In reply to his conduct o attempting to run away, he did not run away. On
receiving information from Apio his daughter, he went to call his family
members in the garden.
It was at this point that the people gathered
suspected he was fleeing from the scene.
In reply to evidence of Pastor Okwii, that accused picked a quarrel in the
garden with PW.1 A1 denies this allegation.
A2: his defence was total denial, an alibi and lack of motive.
On the material day he was at home with his wife Dorcas and father Odong.
Akalabai village which is three miles away from the scene of crime. He denied
the allegation of Pastor Okwii.
On motive: Prosecution adduced evidence of a grudge. A2 was not a party nor
was the deceased a party.
A3: Igune John defence, total denial and alibi. He was at home with his wife
Oruka Christine and children. He was not a party to the dispute between A1
and PW.1
33
On the evidence generally, on identification:In Ug v John Sinubura Sup Court. Court laid down conditions for correct
identification length of time, distance, force of light, a familiarly of the
witnesses to the accused.
PW.1 knew all accused persons. However, I draw attention to the evidence of
this witness and their first action was to kick the todaba. Immediately, he was
attacked: Our Submission is that the attack was violent, targeted source of
light.
Considering that three people attacked him, there was no opportunity to
identify them testimony of defence witness Kokoyi, found a bottle of waragi
near the radio. It suggests the witness could not identify the attackers ably.
He was not able to state explicitly that accused attacked him. Immediately, he
explained he was weak.
He mentioned names 4 days later.
Difficult
circumstances could not enable proper identification. On Medical evidence
whereas PW.1 stated that the victim was beaten to death. Medical evidence
suggests strangulation Dr. Rubanza expert witness.
He pointed out post mortem was carelessly carried out. It skipped the steps
that led the expert to conclude death, was a result of strangulation. Deceased
was hanged after being killed. The post mortem report did not indicate any
other cause of death. I invite court to test evidence of PW.1 against post
mortem report.
34
In conclusion, prosecution bears the burden to prove its case beyond
reasonable doubt. From evidence on record, teh identification day not point
to the accused persons. Medical evidence does not corroborate PW.1 on
cause of death. On the evidence of grudge, this falls short because it existed
long before the incident.
State: Death is not in contention. I will focus on whether it was unlawful,
malice aforethought and participation. The evidence of PW.1 sows that her
death was caused by unlawful actions.
Deceased die of strangulations.
Deceased did not commit suicide. We have proved that death was unlawfully
caused, a malice forethought, PW.1 PW.4, PW5 and medical evidence the
attackers told PW.1 “You timed us up” and immediately began assaulting. PW
1 and deceased. It is irrelevant that it is the deceased who died and not PW.1.
PW.3 Okwii much as he had solved us the land dispute. PW.1 went to him
again with complaints of threats.
Evidence of PW.1 when these people attacked, they told him his time is up. I
call upon court to look at the act of the strangulation. Court should take
medical evidence and PW.1. It is my humble submission express intention to
cause death.
On alibi wives protect their husbands Kokoyi DW.7 court should disbelieve her.
She found a large crowd when she arrived.
35
She could not have talked to Akot who was wailing. I pray that prosecution has
proved threats, identifications by PW.1 beyond reasonable doubt. A3 was
placed at the scene. Prosecution had proved its case.
On identification, PW.1 recognized the three persons. They carried torches
which they flashed around.
He was familiar with the accused persons. Todoba was on when they entered.
Court should also realise the threats made on a Friday and death took place on
Tuesday night.
Hon. Lady Justice H. Wolayo,
JUDGE,
18.12.2013.
SUMMING UP TO ASSESSORS
The three accused persons are jointly charged with murder c/s 188 and 189 of
the penal code. It is alleged the three on the 9th day of May, 2011 at Opetoi
village, Kanyum sub-county, Kumi district murdered Amongin Elizabeth.
The
Ingredients of murder are provided in section 188 of the penal code.
Malice aforethought is defined therein as the intention to cause death of a
person or an act or omission with knowledge that it might cause death
accompanied with indifference whether death occurs.
36
Pay attention to the evidence of the only eye witness PWI Igune Tedelo . You
need to be satisfied that there was credible opportunity for him to identify the
accused persons. Apart from that, you need to be satisfied that he was a
credible witness. If you find that the circumstances of identification were not
favourable, then you need to look for other evidence to corroborate the
identification.
You may consider the evidence that on the Friday 6.5.11 before the death of
Amongin on 10.5.11, there was a quarrel between the A1 Emurot, A2 Akol
and PW1 over land . According to PW 4 Pastor Okwii Francis, A2 Akol
threatened to kill Tedero. However, take this evidence cautiously because he
claimed A2 and A3 are his neighbours yet these two are residents of Alabai
village.
According to PW1, the three accused persons were not armed. The other
contradiction is that PW1 suffered fairly minor injuries classified as ‘harm’
yet he says he was assaulted and left for dead. You need to consider whether
this was a major contradiction in view of PW1 ‘s assertion that they told him,
‘your time for dying has come today’ on their arrival.
The other contradiction is that PW1 knew his wife was killed before the
hanging yet DW
when only a medical expert can tell with certainty whether a
person has died. Carefully address your minds to the fact that in the 30 minute
37
or so the attackers were allegedly in the house, PW1 was able to tell his wife
had been killed before the hanging.
Another contradiction is that he said he went unconscious after the assault and
stumping on his body by there men yet he was able to hear what they were
doing to his wife although he is vague on what they were doing.
You need to address yourself to the evidence of the police surgeon that the piece
of cloth produced in court during defence case and not objected to by the state
could not have pulled the body of the deceased as the cloth was short. Yet
Tedero said he heard the attackers pull the body with a rope.
You need to be satisfied that the accused persons were at the scene that night
and that the deceased died as a result of the actions of the accused persons. In
this case, you need to consider the doctrine of common intention.
The
prosecution has to prove that the accused persons by their actions were jointly
responsible for the unlawful death of the deceased person Amongin Elizabeth.
The other evidence you need to address your minds to is the land dispute
between the accused person and the accused persons. The fact that the
accused persons could have had motive because of the land dispute should be
ignored. It is the intention to cause death that is material. Intention can be
inferred from the injuries inflicted, weapon used, parts o f the body targeted.
Ignore the testimony of PW1 that the accused persons shot his brother dead
and fled to Busia. The accused persons are trial for the murder of Amongin
Elizabeth and no one else.
38
Should you find that the contradictions are major and affect the credibility of
the prosecution case, you should advise the court to find the accused persons
not guilty. Should you be satisfied that the contradictions are minor, you
should advise the court to make a finding that accused persons are guilty.
Consider the case as a whole and advise the court accordingly.
Hon. Lady Justice H. Wolayo,
JUDGE,
18/12/2013.
19/12/2013:
All three accused present.
Alleluya for state.
Tiyo for accused.
Cout Clerk Ecutu.
Okiror and Oruka assessors.
Oruka: We listened to both sides and summing up. Death of deceased is
corroborated by PF 48 B.
PW.1 could not identify the attackers. In that opportune time, they were not
armed. Contradiction by PW.1 that he was beaten, unconscious but injuries
sustained were minor.
39
Contradiction by PW.1 medical report shows she was strangled. The struggle
took 30 minutes and PW.1 could identify attaches. The cloth round the neck
round the neck could not put the body as t was short. Our Opinion is that
accused persons are not guilty.
Court: For Judgment on 9.1.2013.
Hon. Lady Justice H. Wolayo,
JUDGE.
19.12.2013.
40
THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA
AT KUMI
CRIMINAL SESSION CASE. 62 OF 2012
UGANDA V EMORUT LAWRENCE, AKOL SILVER AND IGUNE JOHN
JUDGMENT
The three accused persons are charged with murder c/s 188 of the penal code.
It is alleged that on 9th May 2011 at Opetei village, Kajamaka sub-county, the
accused persons murdered Amongin Elizabeth.
The prosecution was led by Ms Alleluya while the accused persons were
represented by Mr. Tiyo on state brief. I have given due consideration to
submissions of both counsel.
Assessors were Okiror Joseph and Oruka James.
The prosecution had a duty to prove beyond reasonable doubt that the
accused persons caused the unlawful death of the deceased.
It is not in dispute that the deceased died unlawfully as a result of asphyxia and
strangulation. P exh. 2, the post mortem report was admitted by consent of
both counsel and it establishes cause of death as asphyxia and strangulation.
The body was also found to have bruises on the leg and neck.
41
What this court needs to determine is the element of participation of the three
accused persons either jointly or individually.
The prosecution case revolves on the evidence of a single identifying witness at
night ; possible motive based on a land dispute between A1 Emorut and PW1
Igune Tedero, and threats allegedly made by A1 and A2 a few days prior to
the murder of the deceased.
Participation of accused persons
In this case, PW1 Tedero was alone in the house with his wife in the evening of
8.5.2011 at about 9.00 p.m listening to the radio when the door was opened
as it had not been locked. According to this witness, the three accused persons
entered the house unarmed, blew out the todoba, and began assaulting him.
When he fall down they stumped him until he lost consciousness.
In spite of being in a state of unconsciousness, the witness was able to notice
that a mosquito net fell on him at which point the three accused persons left
him for dead, and proceeded to assault his wife.
There is a contradiction at this point because the witness was allegedly
unconscious but knew that the attackers were assaulting his wife. On realizing
this contradiction, the witness then said he had regained consciousness.
The witness testified that he drew from his experience as a soldier to remain
quiet during the attack on his wife and could hear what was happening.
According to PW1, the deceased wife said nothing throughout the period of
the attack on her but what is noteworthy is the witness did not reveal in his
42
testimony the reaction of his wife as the three accused persons allegedly
attacked him.
I find this narrative suspect because although PW1 was unconscious having
been assaulted and left for dead, he was able to notice the mosquito net fall
on him, he was able to know that the wife was being assaulted , and was able
to know that the wife said nothing during the attack.
On realizing this
apparent contradiction, the witness informed court that he regained
consciousness but did not say at what point.
PW1 was able to know that the wife was killed and then hanged from the roof
of their house. He was specific that he heard the attackers puling a rope as
they hung her in the house. Yet DW 10 Dr, Rubanza the police surgeon was
explicit that the short cloth that was brought to court during defence case
could not have acted as a pulley to pull the body as it was too short for that
purpose.
According to PW1, after the fatal attack on the wife, the attackers left and PW1
remained in the same position until morning when his sister PW 5 Anna Grace
Akot came by, pushed the door open and found him inside very weak. Yet
PW5 contradicted her police statement where she said it was PW1 who
opened the door for her as it was locked when she arrived in the morning of
9.5.2011.
Identification
43
The principle with regard to a single identifying witness at night is that the
conditions must be favourable to identification such as familiarity between the
witness and the accused person, and adequate light .I agree with the
exposition of the law by Ms Alleluya for the state on this point when she cited
Kifamuntu Henry v Uganda Supreme Court Criminal Appeal 1 of 1997.
PW1 states that when the three who are his cousins entered the house, they
spoke in unison that his time for dying had come. A contradiction is introduced
at this point when PW1 says the three kicked the todoba yet earlier he had
said they blew out the todoba.
The witness maintained he identified the three from the todoba light which
was blown out or kicked and it went off as soon as the three entered the house
but his testimony is very suspect in view of some of the contradiction raised
above. For instance, in his evidence in cross examination, he states he was
unconscious for 30 minutes after the attack . Yet that was the time he said the
attack lasted during which time he witnessed the killing of his wife the manner
of which he does not explain yet he was certain she died before the hanging.
Another point that makes the testimony of the witness suspect is that the
three accused persons, who came principally to kill him, were not armed.
Secondly, the injuries he suffered were classified as ‘harm’ by the examining
doctor, yet he claimed to have been assaulted and left for dead and lost
consciousness for an unclear period for anytime up to 30 minutes.
44
PW5 , Akot continued with the farce (lies) that the witness was unconscious in
hospital even after the glaring evidence by the examining officer that he had
swellings on his back inflicted by a blunt object a fact that is missing from
Tedero’s testimony.
In view of the unbelievable testimony of the witness that he was unconscious
yet he heard without explaining what he heard the things happening to the
deceased; the unlikely fact that persons who went to kill him were unarmed ;
the very minor injuries found on the witness yet he said he was stumped ,
assaulted by three men and left for dead; the fact that he knew she was killed
before she was hanged a fact that could only be confirmed by a medical
expert; the very fact that he could not even describe what the attackers wore
or what any of them wore; the fact that the wife said nothing as he was being
assaulted and as she was being attacked, the fact that PW1 remained quiet
even at day break and did not bother to raise an alarm casts major doubts on
his evidence. Indeed it is PW1 who is at the scene of crime from the time
when his wife was alive until the time she was found dead in the morning by
PW5 Akot who said she pushed the door open and found PW1 lying in the
house with the body of the deceased.
Evidence of possible motive
With regard to the prosecution case that the three accused persons had a
possible motive, even if it were true the three had a grudge against PW1, it is
PW1 who was supposed to be their target. Secondly, the land dispute,
according to PW 3 Okwii Fred, LC II Chairman who testified , the dispute
45
between Tedero and A1 Emorut was resolved on 3.4.2010 in favour of Tedero
and A1 swore never to litigate again. Indeed DW 8 Ikonyeru Ibrahim
clan
leader also testified that the dispute was resolved in favour of Tedero and a
party was held at A1’s home attended by kinsmen including Tedero and A1’s
son appointed customary heir to Tedero who was childless.
It is unbelievable that a dispute that was resolved amicably would motivate A1
to unsuccessfully attempt to kill PW1 let alone kill Tedero’s wife. Motive is not
evidence in law of intention to cause death and in view of the very unreliable
and incredulous testimony of PW1; the prosecution has failed to link previous
land dispute as a motive to A1 let alone the two accused persons who were
not involved in the dispute in 2010.
Evidence of threats
The third aspect of the prosecution case is the alleged incident on 7.5.2012
when A1 and A2 are supposed to have verbally attacked Tedero in the garden
which was the subject of previous dispute, and armed with pangas threatened
to kill him. This aspect of the prosecution case was presented by PW4 Pastor
Francis Okwii and PW1 tedero. PW4 ‘s testimony is suspect because he states
all three accused persons and PW1 are his immediate neighbours yet only A1
Emorut is a neighbor to Tedero and PW4 and residents of Kajamaka village
while A2 Akol and A3 Igune John are residents of Akalabai . Apart from their
sworn testimony, the evidence of place of residence is obvious from the
addresses in the charge sheet preferred in 2011 when the three accused first
46
appeared before the magistrate’s court. I therefore find PW4 ‘s testimony
with regard to the attack a pack of lies if he could lie about place of residence
of A2 and A3.
Although the accused persons had no duty to prove their innocence, I believed
the testimony of DW 7 Kokoi Algerisa who cast doubt on the testimony of
PW5 Akot that Tedero was very weak and the evidence of PW1 Tedero that he
could not talk in the morning when his sister Akot came by. DW 7 was firm that
she responded to the alarm in the morning on 10.5.2011 and found Tedero
was able to talk. Neither did Emorut A1 flee from the scene as testified to by
PW 5 Akot who saw him pass by that morning as she raised the alarm.
The testimonies of A2 Akol and A3 Igune that they were dragged by a mob
from their homes in Akalabai in the morning after the murder and beaten and
cut is confirmed by PW2 Det. Serg. Anguria William who testified that he went
to the scene of crime on 10.5.2011 and found two men badly beaten. P ex. 7
are photographs taken at the scene and in one of the photographs; two men
are seen lying side by side.
I am in agreement with the assessors’ opinion that the prosecution case raises
doubts that should be resolved in favour of the three accused persons.
I find that major doubts have been cast on the prosecution case and the three
accused persons are acquitted of the offence charged.
47
They are released from custody forthwith unless lawfully held in connection
with some other offence.
Hon. Lady Justice H. Wolayo,
JUDGE,
9.1.2014.
9.1.2014:
Accused three present.
Alleluya for state.
Ogire for accused holding brief for Tiyo.
Okiror and Oruka assessors.
Court: Judgment read out.
Hon. Lady Justice H. Wolayo,
JUDGE,
9.1.2014.
48
49
THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA
AT KUMI
CRIMINAL SESSION CASE NO. 62 OF 2012.
UGANDA V EMORUT, AKOL SILVER AND IGUNE JOHN
JUDGMENT
BEFORE: HON. LADY JUSTICE H. WOLAYO.
The three accused persons are jointly charged with murder c/s 188 and 189 of
the penal code. It is alleged the three on the 9th day of May, 2011 at Opetoi
village, Kanyum sub-county, Kumi district murdered Amongin Elizabeth.
The
Ingredients of murder are provided in section 188 of the penal code.
Malice aforethought is defined therein as the intention to cause death of a
person or an act or omission with knowledge that it might cause death
accompanied with indifference whether death occurs.
Pay attention to the evidence of the only eye witness PWI Igune Tedero . You
need to be satisfied that there was credible opportunity for him to identify the
accused persons. Apart from that, you need to be satisfied that he was a
credible witness. If you find that the circumstances of identification were not
50
favourable, then you need to look for other evidence to corroborate the
identification.
You may consider the evidence that on the Friday 6.5.11 before the death of
Amongin on 10.5.11, there was a quarrel between the A1 Emurot, A2 Akol
and PW1 over land . According to PW 4 Pastor Okwii Francis, A2 Akol
threatened to kill Tedero. However, take this evidence cautiously because he
claimed A2 and A3 are his neighbours yet these two are residents of Alabai
village.
According to PW1, the three accused persons were not armed. The other
contradiction is that PW1 suffered fairly minor injuries classified as ‘harm’ yet
he says he was assaulted and left for dead. You need to consider whether this
was a major contradiction in view of PW1 ‘s assertion that they told him, ‘your
time for dying has come today’ on their arrival.
The other contradiction is that PW1 knew his wife was killed before the
hanging yet DW
when only a medical expert can tell with certainty whether a
person has died. Carefully address your minds to the fact that in the 30 minute
or so the attackers were allegedly in the house, PW1 was able to tell his wife
had been killed before the hanging.
Another contradiction is that he said he went unconscious after the assault and
stumping on his body by there men yet he was able to hear what they were
doing to his wife although he is vague on what they were doing.
You need to address yourself to the evidence of the police surgeon that the piece
of cloth produced in court during defence case and not objected to by the state
51
could not have pulled the body of the deceased as the cloth was short. Yet
Tedero said he heard the attackers pull the body with a rope.
You need to be satisfied that the accused persons were at the scene that night
and that the deceased died as a result of the actions of the accused persons. In
this case, you need to consider the doctrine of common intention.
The
prosecution has to prove that the accused persons by their actions were jointly
responsible for the unlawful death of the deceased person Amongin Elizabeth.
The other evidence you need to address your minds to is the land dispute
between the accused person and the accused persons. The fact that the
accused persons could have had motive because of the land dispute should be
ignored. It is the intention to cause death that is material. Intention can be
inferred from the injuries inflicted, weapon used, parts o f the body targeted.
Ignore the testimony of PW1 that the accused persons shot his brother dead
and fled to Busia. The accused persons are trial for the murder of Amongin
Elizabeth and no one else.
Should you find that the contradictions are major and affect the credibility of
the prosecution case, you should advise the court to find the accused persons
not guilty. Should you be satisfied that the contradictions are minor, you
should advise the court to make a finding that accused persons are guilty.
Consider the case as a whole and advise the court accordingly.
Hon. Lady Justice H. Wolayo,
Judge,
52
9.1.2014:
9.1.2014:
Accused three present.
Alleluya for state.
Ogire for accused holding brief for Tiyo.
Okiror and Oruka assessors.
Court: Judgment read out.
Hon. Lady Justice H. Wolayo,
JUDGE,
9.1.2014.
53
54