Question
Kivumbi Michael was married to Sarah Kivumbi were living in an estate located at Nalya Housing Estate and among their neighbours were General Okello Richard,
Kivumbi Michael was married to Sarah Kivumbi were living in an estate located at Nalya Housing Estate and among their neighbours were General Okello Richard, Hon. Asuman, Hon. Mukiibi and the NUP General Secretary Mr. Amos. On the 3rd of May 2021, the Housing Estate was attacked by robbers who swept several houses of the residents including the homes of Kivumbi Michael, General Okello Richard, Hon Asuman and Hon. Mukiibi. Mr Amos's house was not attacked but he was the first to arrive to scene and played a key role in avoiding the atrocities of the robbers who were determined to sweep and rob over 10 houses in the Housing Estate. The Community volunteers were able to make an alarm and the police Kira Road Police station rushed to the area. The Community also made a search and the bushes around the area and arrested Otim Alex with a loaded AK. 47 and a sack of items believed to be stolen property. The Community also was able to arrest Motor vehicle Reg. Number UAM 102A, Toyota Hilux and this car was being driven by Mark Kayanja. The Community handed Mark Kayanja and Otim Alex over to police who recorded a charge and caution statement and implicated Tom Mukiibi and Mike Makamazibu who had managed to escape but were later arrested after Five days in the areas of Naguru Go-Down in Nakawa Division Kampala District. The police also made investigations and arrested Kato Tom who was the lead planner for this robbery and also a resident in the estate. Kato's house was searched and the police recovered there 4 flat TVs, Home theatre and clothes which were later identified as belonging to Kivumbu Michael, General Okello Richard and Hon Asuman and were believed to have been stolen during the attack in the Housing Estate. Those accused persons were arrested and charged before the High Court of Uganda Criminal Division on charges of Murder, Aggravated Robbery,Rape, and conspiracy to commit a felony. However, during the trial, Mark Kayanja stated that he recorded a charge and caution through force and everything in the Charge and caution statement were lies, Otim Alex on the other hand stated that he has never recorded a statement and statement before court was not known to him. The prosecution adduced evidence of Chipherimo who stated that she was a hand writing expert and stated that the signature on the charge and caution statement belonged to Otim Alex. Dr Rodney Asiimwe also appeared in court and stated that he had carried out the post-mortem on the Night, Watchman of Kivumbi Mark who was murdered by shooting during the attack on the Estate. Mr. Tom Otim also came to court and gave evidence as a ballistic expert and stated that the gun found with Otim Alex was the one which discharged a bullet believed to have killed the Night Watchman. D/SGT Komaketch also testified before court that he was the dog handler who was holding the dog which traced and led police and the community to Kato Tom's home, where police recovered stolen properties.
a)Discuss the legal issues highlighted in this scenario and facts.
b)How best did the court have to receive the evidence of the sniffer dog.
c)How best did the prosecution have to handle the Charge and Caution statements of Mark Kayanja and Otim Alex.
d)What is the evidence of Tom Otim, Chipherimo and Dr Rodney Asiimwe called and how best did the prosecution hand it in court. What is the type of statements of value of evidence of Tom Mutebi
e)What evidence was required to implicate Kato Tom for his participation in the commission of the crimes.
f)Discuss the steps and procedures for admitting the evidence of a sniffer dog.
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