Five accused acquitted of murder over insufficient evidence
Justice Lubega stated that after evaluating the whole prosecution evidence, the offence of murder was not proved, and the evidence presented in court could not be relied on to convict the accused.
The judge said it was not clear from the postmortem report what caused Maliro’s death. (File photo)
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The High Court has acquitted five people who had been charged with murder, citing lack of credible evidence linking them to the crime.
Justice Dr Farouq Lubega, on April 30, 2026, in a criminal session in Mbale High Court acquitted Madina Buyaka, Julius Wodonya alias Mundukusa, Ramanzani Wogibi, Joseph Kibuku, and Denis Wanasolo had been jointly indicted for the murder of Stephen Maliro.
The Prosecution had alleged that the accused, together with others still at large, unlawfully caused Maliro’s death on the night of January 31, 2024, at Bunabiro Village in Bwikhonge Sub- County, Bulambuli district.
Justice Lubega stated that after evaluating the whole prosecution evidence, the offence of murder was not proved, and the evidence presented in court could not be relied on to convict the accused.
During the hearing, the prosecution presented five witnesses and tendered documentary evidence, including a postmortem report and medical examination forms for the accused persons.
However, in his ruling on a no case to answer, Justice Lubega found that the prosecution’s evidence was unreliable and lacked probative value.
“In the result, the prosecution’s evidence on record is manifestly unreliable. It lacks probative value, and it is too insufficient to establish the participation of the accused in killing the deceased. In its totality, no reasonable court would safely convict the accused on it. Therefore, in accordance with section 74(1) of the Trial and Indictment Act Cap25 I find all the accused not guilty of the offence of murder. I accordingly acquit them of the said offence and hereby set them free unless held on the lawful charge,” Lubega said.
The court further noted that the case was based on mere suspicion, with no evidence linking the accused persons to the commission of the offence.
The judge further noted that no prosecution witness testified to having seen any of the accused kill the deceased.
The judge said it was not clear from the postmortem report what caused Maliro’s death.
“In my view, I find the observations in the postmortem report about what caused the death of the deceased to be too remote, and without nexus to the circumstances. In effect, the prosecution’s evidence on record is incapable of establishing the element of malice aforethought in this case,” Justice Lubega said.