Muraki v Rex (Criminal Appeal No. 227 of 1949) [1949] EACA 51 (1 January 1949)

## COURT OF APPEAL FOR EASTERN AFRICA

Before SIR GRAHAM PAUL, C. J. (Tanganyika), EDWARDS, C. J. (Uganda), and SIR JOHN GRAY, C. J. (Zanzibar)

## MURAKI s/o NAKIMOLO, Appellant (Original Accused)

REX, Respondent (Original Prosecutor) Criminal Appeal No. 227 of 1949

(Appeal from decision of H. M. High Court of Uganda-Stuart, Ag. J.) Murder—Confession—Presence of policeman who had questioned appellant.

A confession was made to a police officer whilst a policeman who had previously questioned appellant may have been present.

*Held* $(2-11-49)$ .—(1) The practice was undesirable.

(2) There was ample corroboration of the retracted statement.

JUDGMENT (delivered by SIR GRAHAM PAUL, C. J.).—The appellant appeals to this Court against his conviction for murder. The conviction was by the High Court of Uganda.

The appellant made to a police officer a statement in which he made a full confession. The statement from its particularity of detail bears an impression of truth but it is suggested for the appellant that it was extorted from him by force and it has been retracted. The learned trial Judge examined the evidence and found corroboration of the retracted statement. We note that a policeman who had previously questioned the appellant was, or may have been, present when the confession was made to his superior officer. This we think is undesirable and should be avoided.

However, apart from the confession there was ample evidence, the eyewitness Muduwa a former wife of the appellant, the finding of the spear-head which was pointed out by the appellant, and the appellant's own statement at his trial, and the evidence of the defence witnesses, to justify the conclusion at which the learned Judge and assessors arrived. We consider that the appellant was rightly convicted of murder and the appeal is dismissed.

G. P. K. $1661 - 800 - 9/51$