PROSECUTION v. MVUYEKURE

PROSECUTION v. MVUYEKURE

Convicting the accused solely on the statement of a child under 14 years old, without corroborative evidence, violates the law of evidence and the right to defence. The prosecution failed to provide unequivocal evidence linking the accused to the offence, and the refusal to allow HIV testing of the victim further undermined the accused's defence. Therefore, the conviction cannot stand.

Citation
RLR V.4 - 2015
Parties
Prosecutor: Prosecution; Accused: Mvuyekure Faustin
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
7 November 2014
Case Number
RPAA 0133/10/CS
Procedural Posture
Criminal Appeal / Supreme Court Final Appeal
Outcome
acquittal
Legal Topics
Child Defilement, Evidence of Child Witnesses, Right to Defence, Hiv/aids and Criminal Liability
Source Language
en
Criminal Law Law of Evidence Criminal Procedure Child Defilement Evidence of Child Witnesses Right to Defence Hiv/aids and Criminal Liability

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Parties

Prosecution

Prosecutor

Mvuyekure Faustin

Accused

Procedural Posture

Criminal Appeal / Supreme Court Final Appeal

Legal Issues

  1. 1 Whether conviction based solely on the statement of a child under 14 without corroborative evidence is lawful
  2. 2 Whether the right to defence was violated by not allowing HIV testing of the victim
  3. 3 Whether the prosecution proved beyond reasonable doubt that the accused committed the offence

Ratio Decidendi

Convicting the accused solely on the statement of a child under 14 years old, without corroborative evidence, violates the law of evidence and the right to defence. The prosecution failed to provide unequivocal evidence linking the accused to the offence, and the refusal to allow HIV testing of the victim further undermined the accused's defence. Therefore, the conviction cannot stand.

Court Disposition

acquittal

Orders

  • Appeal allowed
  • Conviction and sentence overturned