When PW8 testified, she was not cross examined on the utterances of the deceased that she
was going to kill herself. That evidence remains intact. I have two versions and one of them
must be true and the other false. According to exhibit "p10", PW8's room was next to that
where the deceased slept. PW8 was not asked if she heard the deceased say any other words
apart from offering herself to be killed by the accused. It is also not clear if the deceased
knew how to operate a pistol and fire a shot. I am not satisfied why if the deceased wanted to
shoot herself why she first aimed the pistol at the accused before turning to herself. Could she
not do it from her bedroom and could she not shoot the accused first then turn to herself?
Besides, the accused who is a Senior Police Officer witnessing a case of self shooting, would
not be expected to pick up the gun from the scene before calling the police to record a case of
suicide. The testimony of PW8 regarding the shooting when weighed against the accused's
defence stands unchallenged. Further, when Sgt. Adanga heard the shot and went to the
direction where the sound of a shot had come from, he met the accused driving out of his
residence. He stopped and told him he (accused) had shot his wife accidentally and handed
him the pistol. It was the evidence of OICpl. Ogwal Alex (PW1 0) who was also on night
duty that when PW5 returned to the station after going out to find out about the gunshot, he
told him that the OPC had shot his wife during a scuffle and was taking her to hospital. He
handed him a pistol which belonged to the OPC with six rounds out of the seven which he
had signed for on 11th April, 2008 from the Armory man Sgt. Ogwal Bell (PW6). PW5 was
not sure if the victim was dead or alive and once PW5 found the body of the deceased
abandoned by the roadside near the post office, he returned and instructed PW10 to record a
case of murder by shooting. PW10 recorded the case of murder by shooting in SO/02/20104/08
and exhibited the pistol and wrote the first information sheet which was Court exhibit NO.7.
Up to this stage, the events after the death of the deceased were unfolding naturally and I
believe the testimonies of PW8, PW5, PW6 and PW10 in accordance with Section 113 of the
Evidence Act. But as I shall show later in this judgment when dealing with the credibility of
the witnesses, the case took a different twist upon light of the day with the intervention of the
then Regional Police CID Officer. The defence asked me to disregard the evidence of PW8
and PW5 because they each have two contradictory statements on the file. Both PW5 and
PW8 agree to have made two statements which are contradictory. Their first statements
incriminate the accused while their second statements exonerate him.
PW5 explained in his testimony that he made the second statement (exhibit P2) on the
instructions of Rashid Juma the Regional CID Officer who had taken over the file one week
later. He was even uneasy when mentioning this fact in what I believe was pressure from
superior officers and even recorded the time on the second statement as having been made at
10.00, 30 minutes earlier than he made the first statement. He confirmed on oath that his first
statement that tallied with the entry in the SD/02/20104/08 as the true one. SP Mugarura who
was the District CID Officer and testified as PW14 explained in his evidence that he
suspected the new twist from officers from the Regional CID Headquarters taking over the
investigations would lead to loss of evidence and decided to photocopy the file before he
handed over the file to them. Indeed it is the photocopy of PW5's statement that he produced
(exhibit P3) that was available. PW5's original statement had been removed from the file and
has never been seen. Rashid Juma is since dead and could not be produced to explain where
he put PW5's original statement. I appreciate the difficulty of PW5 a junior officer standing
by evidence that pins his District Police Commander when told by senior officers to change
his position. This explanation is logical and the defence attack on it is without merit in the
circumstances.