Jun 16, 2009, 7:57 AM
The Special Criminal Court in
Justice Emmanuel Nkea, in his judgment, said that the accused person was charged with murder and the charge sheet stated that on 19 May 2011, at Bakau Secka Kunda, she killed her newly-born baby, which she had denied.
Challengingly the plea, the prosecution called four witnesses in support of their case and the accused person also testified, the judge continued.
The trial judge went through the evidence of PW3, the mother of the accused person, whom he said told the court she came and found that the accused had given birth to a baby, but it was not alive.
He said PW3 further told the court that she found that the umbilical cord was around the neck of the baby, adding that the nurse who examined the baby, and had a suspicious mind that there was foul play, reported the matter to the police.
Justice Nkea further stated in his judgment that the prosecution must prove that there was a death, and the death was caused by the accused, and it was caused by malice.
He said it was the duty of the prosecution to prove their case beyond all reasonable doubts, adding that it was not in dispute that the accused was pregnant and it was not in dispute that the accused gave birth, and it was also not in dispute that the baby died.
He said the accused delivered unassisted, and the baby came through his legs and the eyes were closed, and it did not cry, adding that he held it as a fact that there was no foul play and that, in any criminal case, the benefit of doubt should be given to the accused.
“The prosecution had failed to prove his case beyond all reasonable doubts,” he added.
He consequently acquitted and discharged the accused person.