1.By Notice of Motion dated 26th August 2022, the Accused who is out on Bond pending trial for the offence of murder c/s 203 as read with 204 of the Penal Code, makes an unusual application for orders as follows:
2.The applicant is supported by an affidavit in support sworn by the accused on 26/82022 as follows:
3.The DPP has filed Grounds of Opposition dated 16/12/2022 as follows:
4.At the hearing, the DPP relied on the Grounds of Opposition filed and the Accused’s Counsel was content that the DPP has called for the files relevant to the OB report for necessary directions and asked the court to give a ruling on the pleadings filed.
5.The Court has considered the application and, while there is no occasion for conviction of the prosecution witnesses for any threats of the Accused, it is opportune to observe that the right to a fair trial includes protection from retaliatory or other attacks and or threats on the accused by the complainant and or his witnesses. The finding of guilt or otherwise of an accused is a matter for the court in accordance with the law. That is quintessential fair trial. The Prosecution, its witnesses or sympathizers have no right to take the law into their hands and punish or threaten punishment on the accused for the offence(s) for or which he is being tried or suspected.
6.The Court must for now leave the accused to the process of the law to file a complaint over any harassment, threats or action aimed at punishing him for an alleged offence or preventing him from effectively mounting his defence to the charges.
7.The Complainant and his witnesses must be warned of the risk, by any such threats or retaliatory attacks on an accused, of offending the provisions of the Penal Code on Offences relating to judicial proceedings.
8.Accordingly, for the reasons set out above, the Court makes the following Orders:1.The Accused may, as he may be advised by his counsel, file criminal complaint against the prosecution witnesses who have threatened him.2.The DPP shall also advise the witnesses of the offences, under the Penal Code provisions on Offences relating to judicial proceedings, that they may incur by any such threatened action against the Accused/Applicant.
9.There shall be no order as to costs.