Geita resident escapes death penalty

PROCEDURAL irregularities have saved a resident of Geita Region, Sabasaba Enosi, from being hanged to death for allegedly killing two family members, Obedi Ntendele, alias Katole and Joseph Kubona, over an unknown motive.

This follows a decision of the Court of Appeal ordered to nullify the proceedings, conviction and the death sentence imposed on Enosi, the appellant, by the High Court on February 25, last year.

Justices Edward Rutakangwa, Salum Massati and Stella Mugasha ordered re-hearing of the murder trial instead.

They noted some irregularities in the proceedings of the trial court, including the trial being conducted by two judges at different stages without the successor judge assigning reasons why he had taken over the conduct of the matter and there were changes of set of court assessors.

The justices pointed out that section 299 (1) of the Criminal Procedure Act outlines the procedure to be followed where a judge who commenced the trial is unable to continue with the trial having recorded the whole or part of the evidence.

They said that the successor judge may proceed to pronounce judgment on evidence recorded by his predecessor, supplemented by evidence recorded by himself or he may in his discretion re-summon and rehear any of witnesses already heard by his predecessor if he dee

Daily News