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udgement in the People versus Keith Mukata and Charmaine Musonda
Judge : Susan Wanjelani
7 witnesses and placed on defence.A1 gave evidence while A2 opted to remain silent which is her constitutional right.
defence argued that there was no direct evidence linking the accused to the murder.It was delelition of duty for the police as plates in which the gun is said to have been found was not produced as evidence while the BMW was not taken to the scene for crime reconstruction.
Ruling
There is conflict between where the firearm and keys of the BMW were found.The burden to prove the case beyond doubt does not lie with the accused.
A1 position was an afterthought as I find no reason that PW6 could lie on oath while his misdemeanour is not questioned as he even apologised for taking photos of the accused.
It is common cause that the deceased was facing his killer at close range.I therefore find that the deceased could not have been killed by a gunshot from outside the gate but from inside.
The fact that three cartridges were found inside the gate confirms that the deceased was shot by a person face to face.
I establish that the wound was caused by a gunshot from A1 but the question is whether there was any malice aforethought.
