Five men escape the gallows
Apr 29, 2009
FIVE men, who had been convicted of aggravated robbery and sentenced to death by the High Court, have escaped the gallows when the Court of Appeal acquitted them.
By Hillary Nsambu
FIVE men, who had been convicted of aggravated robbery and sentenced to death by the High Court, have escaped the gallows when the Court of Appeal acquitted them.
A panel of three judges ruled that the trial court misdirected itself when it based the conviction of the men on the evidence of the victim alone.
The High Court in Mbale convicted Bikwata Namb-ogo, Pascal Namanga, Alozio Walimbwa, Maso-boni Magumba and John Wamanga of violent robbery and sent each of them to hang in 2002.
The High Court was presided over by Justice Faith Mwondha. “The evidence of the victim and the exhibits should not have been relied upon as the basis of the conviction without considering the appellants’ defence of alibi,†the court ruled.
Justice Alice Mpagi-Bahigeine headed the panel. The other members were justices Christine Binayiisa-Kitumba and Steven Kavuma.
The court said there was no evidence of how each of the appellants was arrested save that they were arrested and detained at the army unit from where they were taken to Mbale Police Station about two weeks later.
FIVE men, who had been convicted of aggravated robbery and sentenced to death by the High Court, have escaped the gallows when the Court of Appeal acquitted them.
A panel of three judges ruled that the trial court misdirected itself when it based the conviction of the men on the evidence of the victim alone.
The High Court in Mbale convicted Bikwata Namb-ogo, Pascal Namanga, Alozio Walimbwa, Maso-boni Magumba and John Wamanga of violent robbery and sent each of them to hang in 2002.
The High Court was presided over by Justice Faith Mwondha. “The evidence of the victim and the exhibits should not have been relied upon as the basis of the conviction without considering the appellants’ defence of alibi,†the court ruled.
Justice Alice Mpagi-Bahigeine headed the panel. The other members were justices Christine Binayiisa-Kitumba and Steven Kavuma.
The court said there was no evidence of how each of the appellants was arrested save that they were arrested and detained at the army unit from where they were taken to Mbale Police Station about two weeks later.