The Supreme Court in Kampala has set the judgment day on notice in a case in which former Arua Municipality MP Hussein Akbar Godi, is challenging his conviction and sentence upheld by Court of Appeal.
This was after Godi presented to court written submissions where he faults the decision of the Court of Appeal when it upheld his February 2011 conviction and sentence after he was found guilty of murdering his wife Rehema Caesar Nasur by the lower court.
In his submission, Godi claims that the justices of Court of Appeal erred in the law and fact when they upheld his conviction in absence of satisfactory prosecution evidence to sustain the charge.
He also contends that the justices failed to properly evaluate the evidence adduced to them at the trial, thereby coming to their own conclusion hence occasioning miscarriage of justice. He further claims that the justices engaged in speculation and conjecture in deciding his case.
However, in reply the state contends that that God’s memorandum of appeal has no merit and that it should be dismissed and the conviction and sentence up held.
“This being the case and applying the principles governing second appeals, it is not open to this court to re evaluate the evidence again since by doing so would amount to assuming the role of the first appellate court,” the state prosecutor, Mr Michael Wamasebu said.
A penal of 5 Justices led by Bert Katureebe set the judgment date on notice.
This is the second time Godi is appealing against his conviction and sentence. Godi was on February 11, 2011 found guilty of killing his wife when he shot her with a pistol at Lukojjo in Nama Sub-county, Mukono District on December 4, 2008. At the time, Godi was a legislator.
SOURCE: Daily Monitor