UBUSHINJACYAHA v. HALERIMANA

UBUSHINJACYAHA v. HALERIMANA

The absence of the required oath on the medical report is a serious defect rendering it inadmissible as evidence. There was no other corroborative evidence to support the testimony of minors under 14. Therefore, the conviction was not supported by legally admissible evidence.

Citation
RPAA 0046/12/CS
Parties
Prosecution: Ubushinjacyaha; Defendant: Harelimana Fulgence
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
15 July 2016
Case Number
RPAA 0046/12/CS
Procedural Posture
Criminal Appeal / Supreme Court Final Appeal
Outcome
Appeal allowed; acquittal entered.
Legal Topics
Value of Expert Reports, Testimony of Minors, Burden of Proof, Procedural Irregularities
Source Language
en, rw
Criminal Law Evidence Law Value of Expert Reports Testimony of Minors Burden of Proof Procedural Irregularities

Case Brief

Summary, issues, holding and outcome

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Parties

Ubushinjacyaha

Prosecution

Harelimana Fulgence

Defendant

Procedural Posture

Criminal Appeal / Supreme Court Final Appeal

Legal Issues

  1. 1 Whether the medical expert report without an oath can be relied upon as evidence
  2. 2 Whether the testimony of minors under 14 can be the sole basis for conviction

Ratio Decidendi

The absence of the required oath on the medical report is a serious defect rendering it inadmissible as evidence. There was no other corroborative evidence to support the testimony of minors under 14. Therefore, the conviction was not supported by legally admissible evidence.

Court Disposition

Appeal allowed; acquittal entered.

Orders

  • Harelimana Fulgence is acquitted and must be released immediately.
  • Court fees to be borne by the State.