Summary of the Prosecution Case
The dispute traces its origin to an earlier, separate matter in which a motorcycle belonging to the complainant’s family was reported stolen in March 2023. The accused’s son, Ochan Paul, fell under suspicion after a police tracker dog reportedly traced movement from the scene where the motorcycle had been parked. Ochan Paul was later arrested, arraigned in court, and released on bail with the accused, his father, standing as one of his sureties.
PW1, Ongiriany Sam, the complainant, testified that he was not himself at home when the incident occurred; he was elsewhere and was alerted by his wife by phone that the accused and a witch doctor had come to their home. He rushed back and, on arrival, ordered the accused and his companions to leave. He understood that the purpose of the visit was to “plant medicine” so as to identify the true culprit behind the theft of the motorcycle.
Summary of the Defense Case
The accused, testifying on oath as DW1, stated that the complainant is the son of his paternal uncle. He explained that after his son, Ochan Paul, was implicated in the theft of the complainant’s family motorcycle and denied the accusation, he sought to establish the truth by engaging a witch doctor. He testified that he did so with the knowledge and involvement of the area Local Council I, II and III leadership, who accompanied him to his own son’s home, and that the witch doctor’s mission was also intended to extend to the complainant’s home, with the object of identifying the real culprit and restoring peace between the two households.
FULL JUDGEMENT:
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