The Director Public Prosecutions is appealing the acquittal of a murder accused in July this year.
The accused stood trial at the High Court for allegedly hitting a young man at Mbokona in February 2013 with a piece of timber, that
resulted in his death.
The High Court acquitted him of the charge and described the case as “a result of a systematic failure”.
But the Director of Public Prosecutions, is appealing the acquittal on the grounds that the trial Judge failed to acknowledge and consider the principle and the distinct value of recognition evidence.
DPP claims the trial Judge failed to examine closely the circumstances in which the identification was made, especially relating to the cover of light in the particular area where the respondent was identified and observed to have struck the deceased.
The DPP’s appeal also claimed the Judge erred in law when he found that the Crown failed to prove beyond reasonable doubt that the respondent had struck the deceased on the back.
They said the Judge acquitted the accused without giving proper and due consideration to all the evidence produced at the trial.
The DPP is appealing that the acquittal be set aside and a re-trial to take place before another judge.