"Assess the entire Prosecution evidence against the accused's defence and advise me if
you believe the Prosecution has proved the case against the accused beyond reasonable
doubt or do you have a reasonable doubt".
I believe the assessors reached that opinion because they did not treat the evidence as a
whole but picked out isolated pieces and chose the easier route - advise to find not guilty.
In Miller Versus Minister of Pension (1947)2 All ER 372. Lord Denning explained the
term beyond reasonable doubt thus:''The degree of beyond reasonable doubt is well settled. It need not reach certainty
but it must carry a high degree of probability. Proof beyond doubt does not mean
proof beyond the shadow of doubt. The law would fail to protect the community if it
admitted fanciful possibilities to deflect the course of justice. If evidence is so strong
against a man as to leave only a remote possibility in his favour which can be
dismissed with a sentence, of course it is possible but not in the least probable, the
case is proved beyond reasonable doubt but nothing short of that will suffice".
If the two assessors had considered the accumulated import of the several pieces of
circumstantial evidence adduced by the Prosecution and the explanation given for the
existence of two versions of evidence by some witnesses, they would have found that the
possibility of the deceased shooting herself was a remote one. It was possible but the least
probable.
The two sisters receive distress calls from the deceased, in a matter of hours, they receive
news that she has died.
When PW8 hears a gunshot and comes out of her room, the accused tells her "I have killed".
When the accused seeks help from PIC Allu to help carry the victim and asked the accused
what happened, the accused tells him she has been shot. He did not say she shot herself.
When he meets Sgt. Adanga, he tells him he had shot his wife accidentally. When PW14 find
the body dumped by the roadside with bloody wounds and calls the accused, he replied, he
was going to report to CID Headquarters. When PIC Oketcho calls him to say a message has
been sent out about the murder of his wife, he says he is going to report.
In the village, the accused mobilizes cows and money to pay fine and dowry for the deceased
and sends his brother to bring the body for burial before he had recorded any statement or
made any report about how she came to die of a gunshot wound fired by his gun (pistol).
After the deceased is buried, the accused then organizes to come out of his hiding and reports
after a week to CID Headquarters. In his formal statement recorded by ACP Tumuhimbise
Kato (PW12) he says his wife shot herself and his main concern was to find cows to pay
fines and dowry and this effort coupled with his hypertensive condition prevented him from
reporting early to the police. It is my finding that the accumulated import of all these pieces
of circumstantial evidence lead to the irresistible inference of guilty and are incapable of
explanation on any other reasonable hypothesis than guilt. The hypothesis by the defence that
she shot herself is not a reasonable one. In that sense, I accept the submission by the
Prosecution that evidence adduced though circumstantial when carefully examined has
proved the ingredients of the offence of murder beyond reasonable doubt. Having found that
the accused killed the accused, the cause of death is therefore, proven to be unlawful. It was a
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