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The Court of Appeal has overturned the murder conviction of a man who had been sentenced to 35 years in prison for the murder of his wife.

Eric Ayebare was convicted on April 27, 2018 by Justice Elizabeth Alividza at Mpigi High Court for the murder of his wife, Faridah Zawede on October 13, 2015.

The prosecution had alleged that Ayebare, with malice aforethought, unlawfully set fire to Zawede in Kiyanja zone, Nabbingo, Wakiso District, thereby causing her death.

Ayebare had appealed against the conviction and sentence on grounds that the trial judge convicted him on hearsay, thereby causing travesty of justice.

He also appealed the sentence, arguing that it was excessively harsh.

Ayebare had been accused of locking his wife inside the house and setting it ablaze, but she was rescued and later died on her way to the hospital.

According to Ayerbare’s defence, he asserted that after they returned from the bar, a quarrel broke out between him and his wife, who insisted on going back to the bar.

Ayebare refused, and in response, she reportedly threatened to drink paraffin.

He claimed that when he turned away, the Zawede began drinking the paraffin, before realizing this and tried to stop her by knocking the bottle out of her hand.

However, she then reportedly grabbed a matchbox and set herself on fire.

He (Ayebare) stated that he tried to extinguish the flames but was unsuccessful.

On Friday (September 13), the Court of Appeal presided over by Justices Egonda Ntende, Cheborion Barishaki, and Dr. Asa Mugenyi, overturned the conviction and 35-year sentence of Ayebare.

The Court of Appeal noted that Ayebare had reported a case of arson to the Police, but the trial judge viewed this unfavourably against him.

The appellate court observed that Ayebare's account was consistent with the events that took place, and no evidence was presented by the prosecution to prove that the nature of his report contradicted his version of the incident.

“The appellant testified on oath, providing his version of the events of that evening and night. The trial judge’s initial view at some point was that this version was ‘very credible’," court ruled.

"We would quash the conviction and set aside the sentence imposed on the appellant. We order the immediate release of the appellant unless he is held on some other lawful charge."