R. v. Masharubu Ntarima, Crim. Rev. 109-M-71, 28/2/72, El-Kindy, j.

 

 R. v. Masharubu Ntarima, Crim. Rev. 109-M-71, 28/2/72, El-Kindy, j.

The accused was convicted of non-attendance as a witness c/s 150(1), Criminal Procedure Code. He was summoned to give evidence in a criminal case on a certain day, but did not attend. When charge with this failure he replied “I failed to turn (up) I admit, but I had a reason. The reason was that I was attending a funeral for burial of my mother.” This was entered as a guilty plea, and appellant was convicted and given an absolute discharge. S. 150(1), Criminal Procedure Code, sanctions non-attendance as a witness “without lawful excuse.”

            Held: “In my view, the accused’s statement in reply to the charge left no reasonable doubt that the accused was not pleading guilty as he had an excuse which was, in the circumstance, lawful. As the learned Senior State Attorney rightly pointed out a person who has lost his mother would not be expected to attend to court when funeral proceedings were going on as he would be expected to be present. The purported plea was therefore null and void, and the conviction is accordingly quashed.”