JACKSON LESKEI V. REPUBLIC

JUDGMENT OF THE COURT

In this second appeal against conviction and sentence for the offence of robbery with violence contrary to section 296(2) of the Penal Code, Jackson Leskei, the appellant, in addition to grounds challenging his identification, failure to call essential witnesses and paucity of evidence, raises three supplementary grounds of appeal namely:-

(1) The learned Judges of the High Court misdirected themselves by disregarding the explanation given by the appellant when they found that the appellant did not challenge or shake the evidence adduced against him by the prosecution witnesses thereby shifting the burden of proof upon the appellant.

(2) The learned Judges of the High Court erred in law in affirming the conviction of the appellant whereas the trial in the subordinate court was conducted in a language which the appellant did not understand.

(3) The learned Judges of the High Court erred in law in affirming the conviction of the appellant whereas judgment of the subord…