Komakech v Uganda
Komakech v Uganda [1990] UGSC 10 (30 April 1990)
The Supreme Court found that the trial Judge sat with only one legitimate Assessor throughout the trial, as the second Assessor was fraudulently replaced by an impostor. This constituted a fundamental procedural irregularity affecting the jurisdiction of the trial court and occasioned a miscarriage of justice, which was not curable under Section 137 of the Trial on Indictments Decree. Furthermore, the evidence adduced by the prosecution was highly suspect, with contradictions and lack of corroboration, and the trial Judge failed to scrutinize the sole eyewitness's testimony adequately. The ap…
Source excerpt
- Trial Irregularity
- Assessor Absence
- Miscarriage Of Justice
- Presumption Of Innocence