I
;
•
J22
themselves and provided no proof to the issue the appellant raised.
She
further submitted that DW2 and DW3 contradicted themselves on the time that
the prosecutrix used to go home. Hence the trial court found them to be
untruthful witnesses.
She relied on the case of MWAMBONA v THE PEOPLE 9 where the
Court of Appeal said that:
"In evaluating the evidence of the appellant, the learned trial
judge referred to certain contradictions ...... For these and other
reasons, the learned trial judge held that the appellant's story
could not reasonably be true, and we agree, the appellant was
patently lying on material points going to the root of his story
and the learned trial judge had no alternative but to reject his
evidence."
She submitted that in the instant case, the Court accepted the
prosecution evidence because it was cogent and it found that the prosecutrix
was a stable and consistent witness.
To support this position, Mrs. Kachaka relied on the case of DONALD
FUMBELO v THE PEOPLE
10
where the Supreme Court gave guidance that:
"In trying to ascertain what weight should be attached to the
testimony of a witness on a particular issue, an important factor
that should be considered is the consistency of the testimony.
Hence a lot of weight will be attached to the testimony if the
witness starts showing at the earliest opportunity, his version on
the issue .
................................................................................................
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents