[2014] UGHCCRD 11
The court found that the prosecution failed to establish a prima facie case against the accused. The victim's testimony was riddled with contradictions and was not corroborated by other key witnesses, including her teachers and mother, who denied any prior reports of defilement. The inconsistencies and denials...
Source-derived case information.
- Citation
- [2014] UGHCCRD 11
- Parties
- Applicant: Uganda; Defendant: Walyanda Asuman Isabirye
- Court
- HC: Criminal Division (Uganda)
- Jurisdiction
- Uganda
- Case Number
- Criminal Session Case No. 272 of 2011
- Procedural Posture
- Criminal Law / Ruling on Prima Facie Case
- Outcome
- acquitted
- Legal Topics
- Prima Facie Case, Defilement, Credibility of Witnesses, Contradictory Evidence
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Uganda
Applicant
Walyanda Asuman Isabirye
Defendant
Procedural Posture
Criminal Law / Ruling on Prima Facie Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused sufficient to require him to make a defence.
- 2 Whether the evidence presented proves the essential elements of the offence of defilement.
- 3 Whether the contradictions and denials in witness testimonies render the prosecution's case unreliable.
Ratio Decidendi
The court found that the prosecution failed to establish a prima facie case against the accused. The victim's testimony was riddled with contradictions and was not corroborated by other key witnesses, including her teachers and mother, who denied any prior reports of defilement. The inconsistencies and denials rendered the evidence unreliable and insufficient to support the indictment. As a result, the court held that there was no case to answer and acquitted the accused.
Court Disposition
acquitted
Orders
- The charges against the accused are dismissed.
- The accused is acquitted and discharged from further proceedings.
Full Case Text
Judgment text and source record
30 paragraphs
**THE REPUBLIC OF UGANDA**
**IN THE HIGH COURT OF UGANDA AT JINJA**
**CRIMINAL SESSION CASE NO. 272 OF 2011**
**UGANDA………………………………………………. PROSECUTOR**
**VERSUS**
**WALYANDA ASUMAN ISABIRYE……………………….. ACCUSED**
**BEFORE: THE HON. JUSTICE GODFREY NAMUNDI**
**RULING**
This is a Ruling on whether the prosecution has made out a prima facie case against the accused.
A prima facie case is one where a reasonable Tribunal would convict on the evidence available if no other evidence is called or even if the accused offers no defence.
As cited in the case of **Labiro alias Musa Vrs. Republic,** the court may hold that there is no case to answer when there is no evidence to prove an essential element or the evidence has been discredited or the evidence is so unreliable that it cannot be believed.
The evidence of participation of the accused in this matter revolves around the testimony of the victim – Kasakya Sarah. She states that the accused had sex with her 2 times - once near her home, and the second time at the office of the accused. Both times she reported to no one and does not even recall the days or month when the same took place.
She then claims she reported to her teachers – one Nsada James (PW3) and Ndagire Alice Mpagi (PW4).
The said witnesses in their testimony deny the victim ever told them that the accused had defiled her.
She states in her testimony that when the accused visited their home and asked for sex the 3rd time, that is when she revealed to her mother that the accused had been defiling her more than once and this time had come for more sex.
The mother however who was PW2 denied that the victim ever reported to her that the accused had ever had sex with her. That she only told her that the accused has asked her for sex and that is why she reported the matter to the LC.
With all the contradictions, denials and what I consider to be outright lies on the part of the victim and most of the witnesses – one wonders who is fooling who.
I find no sufficient evidence to support the Indictment against the accused.
The charges are dismissed and the accused is acquitted accordingly.
**Godfrey Namundi**
**Judge**
**16/01/2014**
16/01/2014:
Accused in court
Prosecutor: Janat Kitimbo
Defence: Munyamasoko Chris
Court: Ruling delivered in open court.
**Godfrey Namundi**
**Judge**
**16/01/2014**