“The prosecution evidence did not attain the standard of proof beyond reasonable doubt,” the justices ruled, adding that the evidence of identification was unsafe to sustain a conviction.
The Court of Appeal has quashed the murder convictions of two men, a father and his son who had each been sentenced to 45 years in prison for the 2017 killing of a Rubanda District resident, ruling that the prosecution failed to prove its case beyond reasonable doubt.
Justices F.M.S. Egonda-Ntende, Oscar John Kihika, and Jesse Byaruhanga-Rugyema allowed the appeal filed by Ngabirano Moses and Barahukwa Richard, setting aside both their convictions and sentences.
The two had been convicted by the High Court in 2022 for the murder of Bukabeba Benson, who was killed on November 9, 2017, at Karukara Cell in Hamurwa Town Council, Rubanda District. Prosecutors alleged that the killing stemmed from a longstanding land dispute between the deceased and Barahukwa Richard, with claims that threats had been made against the deceased before the fatal attack.
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According to the prosecution, Benson and a companion, Samwiri Tukamushaba, were walking home from Karukara Trading Centre at about 7:30 p.m. when they were ambushed by a group of attackers. Tukamushaba sustained injuries, while Benson suffered fatal cut wounds and later died from severe blood loss caused by sharp-force trauma.
However, the appellate court found that the conviction rested largely on the testimony of a single identifying witness, whose evidence was unreliable under the circumstances.
The judges noted that the attack occurred at night, was sudden, and left the witness injured. They further observed that defence witnesses testified the witness had initially told them he had not recognised the attackers shortly after the incident, contradicting his later identification of the appellants in court.
The court also faulted the prosecution for failing to produce the first police report or call the investigating officer to clarify the inconsistencies surrounding the witness’s identification of the suspects.
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“The prosecution evidence did not attain the standard of proof beyond reasonable doubt,” the justices ruled, adding that the evidence of identification was unsafe to sustain a conviction.
While acknowledging that evidence of a land dispute and previous threats could establish a possible motive, the court emphasized that motive alone could not substitute for proof that the accused actually participated in the killing.
The judges also held that the prosecution failed to effectively disprove the alibis raised by both appellants.
Having found the conviction unsafe, the Court of Appeal quashed the murder convictions and set aside the 45-year prison sentences imposed by the High Court.
The court ordered that Ngabirano Moses and Barahukwa Richard be released immediately unless they are being held on other lawful charges.
The ruling underscores the judiciary’s longstanding principle that criminal convictions, particularly those based on identification evidence, must be supported by credible and reliable evidence capable of proving guilt beyond reasonable doubt.
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