Court acquits murder suspect over lack of evidence
Aporo, who had entered into a plea-bargaining arrangement with the prosecution, was convicted and sentenced on October 16, 2025. He was subsequently presented as a prosecution witness against Ogwang.
Patrick Ogwang, a resident of Iceme, Oyam District, was acquitted of murder and set free. (Credit: Hudson Apunyo)
_________________
The High Court in Lira has acquitted a murder suspect after finding that the prosecution failed to connect him to the killing, despite evidence establishing that the deceased died from a violent spear attack.
Resident judge Sarah Birungi Kalibbala acquitted Patrick Ogwang, who had been jointly charged with Amos Aporo over the October 2024 murder of Geoffrey Anam.
The ruling was delivered on August 24, 2026, at the High Court in Lira.
Aporo, who had entered into a plea-bargaining arrangement with the prosecution, was convicted and sentenced on October 16, 2025. He was subsequently presented as a prosecution witness against Ogwang.
However, Aporo told court that he was solely responsible for the killing and that Ogwang had not participated in it.
Justice Kalibbala said the prosecution had proved that Anam died as a result of an unlawful attack but failed to prove that Ogwang was one of the people responsible.
Death and unlawful killing proved
The judge said the prosecution had a duty to prove four essential elements of murder: the death of a human being, that the death was unlawful, that it was accompanied by malice aforethought, and that the accused participated in the offence.
On the first two elements, the prosecution's case was relatively strong.
Court heard that Anam was found unconscious in his house after suffering a serious wound. He was taken for medical attention but died before reaching the hospital.
A post-mortem examination established that he had suffered a penetrating wound to the abdomen, resulting in extensive internal injuries, severe blood loss and death.
The court also heard evidence about the recovery of a spear blade and its handle in the vicinity of the deceased's home.
The problem, however, was establishing who inflicted the fatal wound.
Evidence falls short
In considering whether Ogwang had participated in the killing, Justice Kalibbala noted that no prosecution witness directly linked him to the murder.
Instead, the prosecution relied substantially on circumstances that raised suspicion against him.
One of those circumstances concerned an alleged dispute between the deceased and the accused over money connected to meat. The judge noted that the disagreement could potentially have provided a motive.
But motive alone was not enough.
The court also considered evidence concerning Ogwang's conduct after the death, including the circumstances in which he was allegedly found and subsequently arrested.
Justice Kalibbala, however, found that such circumstances did not establish beyond reasonable doubt that he had participated in the murder.
Co-accused takes blame
Aporo's evidence was particularly significant because he had already admitted responsibility for the killing through a plea bargain.
According to the judge's account, Aporo told court that he killed Anam alone and that Ogwang was not involved.
As a result, the prosecution was left with suspicion and circumstantial evidence which, in the judge's assessment, was too weak to sustain the murder charge.
Justice Kalibbala emphasised that an accused person cannot be convicted simply because the circumstances surrounding a crime appear suspicious.
Burden of proof
The judge reiterated that the burden of proof in a criminal case remains with the prosecution.
She referred to the principle that, at the close of the prosecution case, court must determine whether sufficient evidence has been presented to establish a prima facie case requiring the accused to answer.
She found that the evidence against Ogwang did not meet that threshold.
The judge warned against a situation where an accused person is effectively presumed guilty because of suspicion rather than evidence.
She therefore concluded that the prosecution had failed to prove Ogwang's participation in the murder beyond reasonable doubt.
Acquitted and ordered released
Justice Kalibbala consequently acquitted Ogwang and ordered that he be released unless he was being held on another lawful charge.
The ruling brings to an end Ogwang's prosecution in the murder case, while Aporo remains convicted and is serving his sentence after his plea bargain.
Justice Kalibbala, however, noted that Ogwang's acquittal did not necessarily mean that he was innocent. She attributed the situation to the prosecution's decision to place him alongside a co-accused who later failed to implicate him in the murder.
The judge also told Ogwang to go and meet the spirits that had been disturbing him.