[2002] UGHCCRD 3
The court found that the prosecution failed to establish a prima facie case against the accused for any of the offences charged. The only evidence implicating the accused was from PW4, who stated that the accused stopped the assault when confronted and did not use the gun he possessed. The court held that it would...
Source-derived case information.
- Citation
- [2002] UGHCCRD 3
- Parties
- Applicant: Uganda; Defendant: Abaad Aeko and another
- Court
- HC: Criminal Division (Uganda)
- Jurisdiction
- Uganda
- Case Number
- High Court Criminal Session No.0058/2000
- Procedural Posture
- Criminal Trial / Ruling on No Case to Answer
- Outcome
- acquitted
- Judges
- Rugadya, J
- Legal Topics
- Attempted Murder, Prima Facie Case, Acquittal, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Uganda
Applicant
Abaad Aeko and another
Defendant
Procedural Posture
Criminal Trial / Ruling on No Case to Answer
Legal Issues
- 1 Whether the prosecution established a prima facie case against the accused for attempted murder.
- 2 Whether the accused should be required to make a defence based on the evidence presented.
Ratio Decidendi
The court found that the prosecution failed to establish a prima facie case against the accused for any of the offences charged. The only evidence implicating the accused was from PW4, who stated that the accused stopped the assault when confronted and did not use the gun he possessed. The court held that it would not convict the accused based on the evidence presented, and it would be contrary to law and practice to require the accused to make a defence in the hope of strengthening the prosecution's case. Accordingly, the accused was acquitted of all charges and ordered to be released unless held on other lawful charges.
Court Disposition
acquitted
Orders
- The accused is acquitted of all seven offences in the indictment.
- The accused is to be set free and at liberty forthwith unless held on other lawful charges.
Full Case Text
Judgment text and source record
18 paragraphs
**THE REPUBLIC OF UGANDA**
**IN THE HIGH COURT OF UGANDA**
**AT MBALE**
**HIGH COURT CRIMINAL SESSION NO.0058/2000**
**UGANDA………………………………………………………PROSECUTOR**
**VERSUS**
**ABAAD AEKO AND ANOTHER……………………………….. ACCUSED**
BEROFE: THE HONOURABLE MR. JUSTICE RUGADYA-ATWOKI
**RULING**
The state closed its case after calling four witnesses. None of them said anything which would ever in the slightest point to the accused. PW4 said he was assaulted by very many people, but was able to identify the accused among them. Accused had a 2-cm piece of stick and he alleged used this to assault the witness.
He however, had a gun which was not used in the assault.
When the witness confronted the accused about the beating, the accused stopped the beating.
This was all from the witness himself. That was the evidence of attempted murder. It just simply does not add up. This court would not convict the accused if he was not to say anything. That is one of the facts for a prima facie case ***Bhatt v R***. No prima facie case was made out to require the accused to make his defence in respect of any of the offences under which he was charged.
I therefore record a finding of a not guilty under S.71(1) T. I. D and hereby acquit the accused of the seven offences In the indictment. He is to be set free and at liberty forthwith unless he is held on other lawful charges. I am not inclined to put him on his defence merely in the hope that court might convict him of a lesser offence of simple assault. That would only be pointing that he would in his defence somehow strengthen the prosecution case; which is contrary to the law and practice of this court See ***Bhat v R.***
I therefore order for accused to be released as directed above.
**Rugadya-Atwoki**
**Judge**
**8/7/2002**