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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