The Court of Appeal in Kampala has quashed the 35-year prison sentence of Eric Ayebare, who was previously convicted of murdering his wife, Zawede Faridah.
In a judgment delivered by a panel of three justices—Fredrick Egonda Ntende, Barishaki Cheborion, and Dr. Asa Mugenyi—the court ruled that Ayebare had been wrongfully convicted due to insufficient evidence to prove the case beyond reasonable doubt.
The justices criticized the trial judge, Elizabeth Jane Alividza, for convicting Ayebare despite finding his version of events “very credible.” The court found that the conviction rested heavily on an uncorroborated ‘dying declaration’ made by the deceased, which was not backed by additional evidence.
In their ruling, the justices emphasized that the prosecution had failed to meet its burden of proof. “The burden is on the prosecution to prove guilt beyond reasonable doubt,” the judgment stated. “When the accused presents a plausible version of events that contradicts the prosecution’s case, it shows the prosecution has not met its burden, and the defence creates sufficient doubt.”
The court further expressed concerns about the validity of the ‘dying declaration,’ stating, “There is no corroborating evidence to support it. Given these circumstances, we are convinced that the prosecution did not prove its case against the appellant beyond reasonable doubt.”
As a result, the court ordered Ayebare’s immediate release, having been in prison since 2015. Court records reveal that Ayebare was initially convicted in 2018 for allegedly setting his wife on fire in an incident on October 28, 2015, in Kiyanja Zone, Nabbingo, Wakiso district. Zawede succumbed to her injuries two days later.
In the original trial held in Mpigi district, Judge Alividza had found Ayebare guilty of murder and sentenced him to 35 years in prison. Ayebare subsequently appealed, challenging the conviction on grounds that the trial judge relied on hearsay, disregarded his defence of intoxication, and imposed an excessively harsh sentence.
