Uganda v Ngaswireki & Anor (Criminal Appeal Number 3/2017) [2018] UGHCCRD 182 (9 November 2018)
Court
HC: Criminal Division (Uganda)
Case number
Criminal Appeal Number 3/2017
Judge
Mutonyi, J
The trial Chief Magistrate failed to conduct a proper voir dire examination before taking the evidence of a child of tender age, contrary to established legal procedure and case law. The record did not reflect any questions or answers to determine the child's intelligence or understanding of the duty to speak the truth, rendering the process irregular and occasioning a miscarriage of justice. Furthermore, the evidence of the victim, which was unsworn, required corroboration under the law, but the only corroborative witness's testimony was taken by a magistrate without jurisdiction, making it…