homicide.
Having accepted that the conduct of the accused after the act of death was not usual, he is
proven to have acted with malice aforethought. He fired the bullet through the eye tearing
through the brain which caused immediate death.
The accused was at the scene and his subsequent conduct betrayed him. He acted with
overwhelming guilt and therefore, his participation is proved beyond reasonable doubt.
As was held in Masanja Omari Mulera Versus Republic (1979) LRT 14, circumstantial
evidence can be sufficient to establish the offence of murder and it is no derogation of
evidence to say that it is circumstantial. For reasons contained herein, I find the accused,
Aurien James Peter, guilty of murder C/SS 188 and 189 PCA and I convict him accordingly.
Signed
Lawrence Gidudu
JUDGE
29/11/2010
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