State loses case in Court of Appeal
Jun 06, 2004
THE Court of Appeal has rejected an appeal by the Director of Public Prosecutions (DPP) against an acquittal by the High Court of two Police constables indicted for robbery.
By Hillary Nsambu
THE Court of Appeal has rejected an appeal by the Director of Public Prosecutions (DPP) against an acquittal by the High Court of two Police constables indicted for robbery.
The court also quashed the conviction and set aside a sentence of 10 years imprisonment that had been imposed against the three men.
The men had been originally indicted with the Police constables for the same offence.
Trial judge, Paul Mugamba, acquitted the Police constables, No 23064 Nelson Ezati and No 28728 Gad Turyasingura, in July 2002 at the High Court held in Mbarara.
The Court of Appeal further rejected the cross-appeal by the DPP against the conviction for simple robbery against the three men, David Tugume, Dan Mumanya and William Nuwagira, all of Mbarara.
The court said there was no sufficient evidence on record to warrant their conviction.
The coram consisted of deputy Chief Justice Laeticia Mukasa-Kikonyogo, Justice Galdino Okello and Justice Amos Twinomujuni.
The DPP had cross-appealed for the consolidation of the acquittal and the conviction to simple robbery of the three men, requesting the appellate court to uphold the robbery case with aggravation against all the men including the Police constables.
The DPP had argued that the High Court had made a mistake to acquit the policemen of aggravated robbery and to reduce the offence to simple robbery against the three other men.
Ends
THE Court of Appeal has rejected an appeal by the Director of Public Prosecutions (DPP) against an acquittal by the High Court of two Police constables indicted for robbery.
The court also quashed the conviction and set aside a sentence of 10 years imprisonment that had been imposed against the three men.
The men had been originally indicted with the Police constables for the same offence.
Trial judge, Paul Mugamba, acquitted the Police constables, No 23064 Nelson Ezati and No 28728 Gad Turyasingura, in July 2002 at the High Court held in Mbarara.
The Court of Appeal further rejected the cross-appeal by the DPP against the conviction for simple robbery against the three men, David Tugume, Dan Mumanya and William Nuwagira, all of Mbarara.
The court said there was no sufficient evidence on record to warrant their conviction.
The coram consisted of deputy Chief Justice Laeticia Mukasa-Kikonyogo, Justice Galdino Okello and Justice Amos Twinomujuni.
The DPP had cross-appealed for the consolidation of the acquittal and the conviction to simple robbery of the three men, requesting the appellate court to uphold the robbery case with aggravation against all the men including the Police constables.
The DPP had argued that the High Court had made a mistake to acquit the policemen of aggravated robbery and to reduce the offence to simple robbery against the three other men.
Ends