DPP ordered to handover KIU murder files

Jul 03, 2012

The DPP has been ordered to handover files containing evidence in a murder case

By Andante Okanya 

The Director of Public Prosecutions (DPP) has been ordered to avail files containing evidence to Kampala International University (KIU) student Jane Ndichu, who allegedly murdered her boyfriend

Yesterday, Justice Jane Kiggundu of the High Court in Kampala said Ndichu must be given copies of the pathologist report, medical report, death declaration report, scene of crime report, plus the investigation officer's report.
Ndichu, 22, allegedly murdered Musunga at their one-roomed apartment in the suburb of Kansanga near the university in Kampala. Musunga, 24 was a Mass Communication student at the University.
The deceased was allegedly stabbed in the throat with a knife and bleed to death. It is alleged the duo had a domestic row.
The order to the DPP was prompted by an application made on Thursday last week by Ndichu's lawyer Rose Sengendo. Ndichu demanded for the vital documents, plus the killer knife, among others, to enable her personal experts analyse it and prove to court that she is not a murderer.
The judge agreed with Ndichu, saying the documents were crucial in helping her herself in her defence against the allegations. For the blood stained clothes, and other exhibits, the registrar of the crime division was ordered to facilitate Ndichu's lawyer to access them.
"Prosecution is hereby ordered to avail all documents to the defence. The registrar is to coordinate for all the exhibits under court custody," the judge ordered.
But the prosecutor Julius Tuhairwe objected, saying the only exhibit Ndichu has not had access to is the knife. He explained that the knife is with the Government analyst, who is also yet to avail his report findings to the Director of Public Prosecutions.
Tuhairwe argued that it would be a burden for prosecution to recall the witnesses. He said it took a lot of haggling to get them to court when they testified, and that recalling them would delay the case to the disadvantage of Ndichu.
The trial continues on July 9.

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