The High Court sitting in Apac district has acquitted a man accused of murder, ruling that the prosecution failed to prove its case beyond a reasonable doubt. Justice George Okello delivered the ruling on April 4, 2025, stating that the prosecution had not established the accused’s presence at the scene of the crime.
The charge involved the brutal death of Tom Richard Oleno, who was allegedly beaten by a mob in Abongodero village, Akokoro Sub-County, Apac District. The case stemmed from the death of Oleno on February 11, 2020, when he was allegedly assaulted by community members after being accused of stealing clothes from Sabina Adule.
His body was later found at the home of the LCI Vice Chairperson, Patrick Okello, who reported the incident. The accused was arrested the same day based on Okello’s statement. However, the accused maintained his defense, claiming that he was at his home when the assault occurred. Justice Okello emphasized that it was the prosecution’s responsibility to disprove the defense, but they failed to do so. No witnesses testified to seeing the accused participate in the assault.
Testimonies from police officers relied mainly on statements from the village vice chairman, Patrick Okello, who later contradicted their claims. While police had initially stated that Okello saw the accused beating the deceased, he testified in court that he had not witnessed the assault himself and had only heard about it from Adule, who was reportedly deceased by the time of the trial.
Justice Okello noted that the prosecution relied on hearsay evidence and had failed to properly investigate the defense. He further pointed out that Adule could have been a key witness, but her absence left critical gaps in the case. Citing past Supreme Court rulings, Justice Okello underscored that failure to disprove a defense results in reasonable doubt, which must benefit the accused.
“The prosecution evidence is deficient in proving the participation of the accused in the murder,” the judge stated before ordering his release. Court assessors unanimously agreed with the verdict.
