Wakoli Bifwoli

All parliamentary appearances

Entries 411 to 420 of 1331.

• 1 Jul 2010 in National Assembly: Mr. Deputy Speaker, Sir, I have carefully examined the totality and the cumulative effect of the evidence tendered in this case. I have also examined and perused the judgment and it is my considered opinion with utmost respect to the learned judge that he was in error both in fact and in law to acquit the accused person. It is instructive to note:- (i) The recovery of the gun was not an issue. (ii) The chain of custody of the gun taken for analysis was not an issue. There was sufficient proof of the chain of possession of the weapon ... view
• 1 Jul 2010 in National Assembly: beginning. That is quite clearly stated in the report of the examiner. The gun was assault rifle AK47 Serial No.3008378 marked as exhibit B. view
• 1 Jul 2010 in National Assembly: (v) The learned judge in acquitting the accused relied on the decision of the Court of Appeal in the case of Eric Akeyo Otieno versus the Republic which he held, was binding on him. However, that case is easily distinguishable in the following respects:- (a) More than one armed officer was involved in the shooting but only one was charged in the case that was before the Court of Appeal. view
• 1 Jul 2010 in National Assembly: (b) There were six cartridges which were recovered from the scene which could have been shot from either of the rifles in order to have a confused state of affairs in that case in the Court of Appeal. view
• 1 Jul 2010 in National Assembly: (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 ... view
• 1 Jul 2010 in National Assembly: Mr. Deputy Speaker, Sir, this case demonstrates that the law should be amended to provide for such situations, particularly in connection with serious offences whereby the Court of Appeal may be granted jurisdiction to intervene and even reverse an acquittal ordered by the High Court in the exercise of its original jurisdiction where such an acquittal is patently against the available evidence or constitutes a gross injustice. Such amendments have recently been made to the laws in the United Kingdom, in Uganda, Trinidad, Tobago, Fiji, Australia and Nigeria to name but a few countries which have recently amended their laws ... view
• 1 Jul 2010 in National Assembly: Mr. Temporary Deputy Speaker, Sir, a very important issue has been raised as relates to the victims and relatives of the deceased in this particular case. There was no doubt that the deceased met their deaths as a result of the activity of the law enforcement officers. There is no doubt, if you read the judgment, that the Judge actually found that the offence of murder had been committed. He was only confused on this issue of the guns. But that being the case, as far as the victims in this particular case are concerned, I think they are entitled ... view
• 1 Jul 2010 in National Assembly: My learned friend, as you know, one does not just want to offer an ex-gratia payment, which may be completely out of proportion or maybe too small, depending on the circumstances of the case. It is up to the families of the deceased persons to make their claims, and give us that information which can form the basis of a fair compensation. That is as far as this case is concerned. Mr. Temporary Deputy Speaker, Sir, an issue was raised on judicial reforms. I agree and I think we have all agreed that we must have judicial reforms. In fact, ... view
• 1 Jul 2010 in National Assembly: Mr. Temporary Deputy Speaker, Sir, I understand the anxiousness of the hon. Member, but if he could just sit and listen and then when I have finished, if I have not on touched that issue--- view
• 1 Jul 2010 in National Assembly: I was going to come to that issue, Mr. Temporary Deputy Speaker, Sir. So, just--- view