A man who received a 50-year sentence for murder has been released after spending 10 years in prison. He was freed after a three-judge Court of Appeal panel, led by Justice Cheborion Barishaki, overturned both his conviction and sentence due to his mental instability.
Elungu Milton Emetu was charged with murder under sections 188 and 189 of the Penal Code Act Cap 120. The prosecution alleged that on August 15, 2013, in Ojareta village, Ogalai sub-county, Amuria District, Emetu, acting with malice aforethought, caused the death of Irieu Alusibera by hitting him on the head with a hoe.
On September 17, 2019, High Court Judge Batema convicted Emetu and sentenced him to 50 years in prison. Emetu appealed both the conviction and sentence, arguing that the trial judge made legal and factual errors by failing to properly assess the evidence and reaching an incorrect conclusion in convicting him, and imposing a manifestly harsh and excessive sentence of 50 years.
The Court of Appeal overturned the conviction after discovering that a medical report declared Emetu mentally unfit and that he had previously been admitted to Butabika National Referral Mental Hospital.
The court further noted that the trial court records lacked any documentation demonstrating how the judge determined Emetu’s mental state, contradicting the medical report presented by a qualified psychiatrist.
According to Justice Barishaki, the trial court’s failure to address Emetu’s mental status meant that his criminal responsibility could not be established.
“A re-trial would not serve the interests of justice. We quash the conviction of the appellant and set aside the sentence imposed on him. We order his immediate release unless he is being held on other lawful charges.” Justice Barishaki ruled.
