above

reasonable doubt

onus is always on

to

the

does not shift to the accused

circumstances which are
KISUYI is

There is no doubt that

is

and the evidence

buried. Every homicide is
the presumption. There is no

on

evidence on

at

hands of the accused.
The evidence

indisputably establishes this
found his wife dead and reported to

The lies told by the

and

evidence of the uncle which

those of his wife

question is the issue of malice ,,,.,.,,,..,,,,..,,.,,.,

does not

Assessors advised me to
wife. There is no

I note however

prior to this unfortunate

a1\.,1u1...1 n

that can be sustained in a

Medical examination
perse does not prove

sour relationship

uuu''"'"

night. Yes accused did

his wife.
This could have

due to panic by a rustic stupid young men. I

circumstance it is

to hold that malice a fore thought

required
guilty

the submission by defence
Manslaughter contrary to

not

the
proved to the

the accused be found

vv•ui.:>'vl

187

the Penal Code act

and

J.B.Katutsi

Judge
16/10/08

3

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