[2017] UGHCCRD 85
The court found that, in the absence of a post mortem or medical report, there was no evidence to establish the cause of death of Emorut Andrew. Without proof that the accused's actions led to the death, the prosecution failed to establish a prima-facie case of murder against the accused. The court held that the...
Source-derived case information.
- Citation
- [2017] UGHCCRD 85
- Parties
- Applicant: Uganda; Defendant: Ekwere Simon Peter; Defendant: Acam Florence Betty alias Akia
- Court
- HC: Criminal Division (Uganda)
- Jurisdiction
- Uganda
- Case Number
- HCT-09-CR-SC-0062 of 2016
- Procedural Posture
- Criminal Law / Ruling on No Case to Answer
- Outcome
- acquitted
- Judges
- Batema, J
- Legal Topics
- Murder, Causation of Death, Prima Facie Case, Acquittal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Uganda
Applicant
Ekwere Simon Peter
Defendant
Acam Florence Betty alias Akia
Defendant
Procedural Posture
Criminal Law / Ruling on No Case to Answer
Legal Issues
- 1 Whether the accused caused the death of Emorut Andrew.
- 2 Whether the prosecution established a prima-facie case to require the accused to be put on their defence.
Ratio Decidendi
The court found that, in the absence of a post mortem or medical report, there was no evidence to establish the cause of death of Emorut Andrew. Without proof that the accused's actions led to the death, the prosecution failed to establish a prima-facie case of murder against the accused. The court held that the accused had no case to answer and acquitted them of the charges.
Court Disposition
acquitted
Orders
- The accused are acquitted of the charge of murder and set free.
Full Case Text
Judgment text and source record
18 paragraphs
**THE REPUBLIC OF UGANDA**
**IN THE HICH COURT OF UGANDA**
**HOLDEN AT SOROTI**
**HCT-09-CR-SC-0062 OF 2016**
**UGANDA::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::PROSECUTION**
***VERSUS***
**EKWERE SIMON PETER & ANOTHER:::::::::::::::::::::ACCUSED**
**BEFORE HIS LORDHIP HON. MR. JUSTICE BATEMA N. D. A, JUDGE**
**Ruling**
This is a matter where the two accused were charged with Murder C/S 188 and 189 of the Penal Code Act. It was alleged that Ekwere Simon Peter and Acam Florence Betty alias Akia on the 11th day of July 2011 at Kamacha in the Bukedea district murdered Emorut Andrew.
The evidence adduced in Court shows that the deceased Emorut was an orphan suffering from epilepsy. He often would fall down with attacks of epilepsy. He was involved in two violent fights before his death but did not get proper medical care.
At one time he was badly beaten at a disco event. The last is when he had a fight with the two accused relatives. Both accused assaulted him on the hand using a stick used to drive oxen.
On 14/8/2011, a month later, the deceased fell sick and died.
In the absence of a post mortem or medical report to tell us the cause of death, this Court is unable to conclude that it is the acts of the accused that caused Emorut’s death.
Prosecution has failed to establish any prima-facie case against the accused to require them to be put on their defence.
The accused have no case to answer on these charges of Murder. They are both acquitted and set free.
**Judge**
**28/4/2017**