The court presided by Justice Roland Amaize while delivering judgment, on Monday, held
that the act of the accused was premeditated as against the defence of accidental discharge which the accused offered.
Justice Amaize said the accused initially reported a case of armed robbery against the deceased but that investigation proved that the alleged robbery was a ruse.
According to him, there were contradictions in the convict’s extra-judicial statement and oral testimony in court.
“It is the view of the court that there was no justification for the convict to have shot and killed the deceased who was harmless as at the time of the incident,” Amaize declared.
Justice Amaize said evidence from the police doctor who performed post-mortem on the corpse showed damaged urinary bladder and profuse bleeding which led to the death of the victim.
The court also held that the evidence of one of the expert prosecution witnesses on the handling of arms and ammunition showed that the Ak 47 rifle was not at the safety cache when the incident occurred.
He added that the evidence of another prosecution witness present at the scene of the crime was not challenged.
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