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{
    "id": 98601,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/98601/?format=api",
    "text_counter": 282,
    "type": "speech",
    "speaker_name": "Mr. Wako",
    "speaker_title": "The Attorney-General",
    "speaker": {
        "id": 208,
        "legal_name": "Sylvester Wakoli Bifwoli",
        "slug": "wakoli-bifwoli"
    },
    "content": "(c) There were two G3 rifles which were being used. Consequently, the serial numbers of the rifles differed in material numerical particulars, that is, 369369 and 359359. The difference in the serial numbers of the two rifles, in those circumstances, could well raise a legitimate question as to which of the two could have been the source of the fatal bullet. In the current case, the judge did not have the same challenge. There was neither argument nor evidence to the effect that another gun, whose serial number may have confused with the one in possession and custody of the accused person at all material times, was involved. The only other guns that were in possession of PW4 and PW5 which were not AK47 but were G13, and those were also at the scene of the incident were taken for analysis also and excluded by the examiner as having shot the fatal bullet. That fatal bullet came from AK47 and not G13. As I have stated earlier, the body part number is the same in respect of all the witnesses that gave evidence before the court. That is the critical issue. What recourse does the Attorney-General have? Unfortunately, under Section 379(5) and (6) of the Criminal Procedure Code, there can be no appeal against an acquittal by the High Court in the exercise of its original jurisdiction. Where a person has been acquitted by the High Court, in the exercise of its original jurisdiction, the Court of Appeal may permit a point of law of exceptional public importance which is also desireabe in the public interest to be determined by the court on review of the case. This can only be done if the Attorney- General signs a certificate to that effect and files the same with the registrar of the Court of Appeal. But the Court of Appeal has no jurisdiction whatsoever, to reverse the decision of the trial court and in this case, release the convicted person or allow the appeal as we would call it in legal parlance. All that they can do is to have a declaratory judgment. That declaratory judgment cannot operate to reverse an acquittal. But what I am doing, particularly in respect to the matter of William Onyango from whom that fatal bullet was taken, I have directed the Director of Public Prosecution to prepare the requisite certificate for my signature so that the Court of Appeal can review that decision but it will only be a declaratory judgment. It will not amount to an acquittal of the accused person. However, concurrently with or in the alternative to the certificate, I have also directed the DPP to explore the viability in law of seeking to have the entire proceedings of the case to be declared a mistrial on the ground that the learned judge made no findings and passed no judgment in respect of the murder of Ishmail Chacha which was a subject of count two of the joint information."
}