[1987]DLHC1197 • January 12, 1987 • High Court
REPUBLIC vs. KONKOMBA,
The accused, Konkomba, was charged with the murder of his nephew, Mbagara Konkomba, allegedly committed on 28 March 1975 at Bule village. Initial investigation statements were taken, including one on 31 March 1975 denying involvement, and a second on 4 April 1975 in which the accused allegedly confessed to the killing. The accused was seriously injured from a self-inflicted wound and was hospitalized at the time of the second statement. The prosecution sought to admit the second statement as evidence, while the defense objected on grounds of the accused's mental disturbance due to his injury and hospitalization.
read moreJUDGMENT OF TAYLOR J. I have had considerable difficulty in deciding the issue in this case as to admissibility since the submissions which counsel made were not supported by any decided cases at all. The senior state attorney, Mr. Agudetse, promised to make available some authorities but I have received none and my ruling is therefore based on the result of my own researches unassisted, I regret to say, by counsel. The accused person in this case is facing a charge of murder. It is in the present state of things, the most serious offence known to our law. The person alleged to have been murdered by the accused is his nephew. The offence is alleged to have been committed on 28 March 1975, at Bule village. On 31 March 1975 an investigation statement on caution was taken from the accused. In this statement he denied knowing anything about the case. This is what he said on caution: “I know the deceased Mbagara as my nephew. We were all staying together when the deceased fa.....