Hon. Babu Owino has been acquitted in his misuse of a Firearm case.
The trial Magistrate Bernard Ochoi in his judgement said that the prosecution did a shoddy job in proving their case against Hon. Babu Owino.
According to the learned Magistrate, the oral evidence of Felix Orinda who was the victim in the case was very crucial, surprisingly, Felix Orinda was never called as a prosecution witness and he turned to be a witness for the defence.
Magistrate Bernard Ochoi said the prosecution did a shoddy job as no evidence was produced to prove the charges levelled against Babu.
After analyzing the evidence produced in court, Ochoi identified two issues for determination in the case.
One was whether Babu was drunk and behaved in a disorderly manner on the night DJ Evolve was allegedly shot.
Second was whether DJ Evolve sustained a gunshot and if it was from Babu, was there intent to do so?
The court said there is no doubt the environment in which the offence took place is a popular joint for food and drinks.
It relied on CCTV footage which showed people eating and drinking.
Babu had denied taking alcohol that night. However, the court was not convinced by his testimony because there were prosecution witnesses who testified to seeing him taking alcohol.
However, there was no evidence produced in court by the investigating team with respect to Babu’s sobriety.
“Samples taken don’t show that the investigating officer desired to know the alcoholic content in babus blood.”
In the absence of the blood tests and results, the court said the aspect of drunkenness could not be established.
The only evidence touching on Babu’s conduct that evening was from the investigator who was not at the scene.
The Investigating officer testified that Babu conducted himself in a disorderly manner after reviewing the CCTV footage.
“Having evaluated the evidence before me, it is my finding that the prosecution did not prove the case beyond reasonable doubt, the victim denied that he quarreled with the accused. For the above stated reasons, the accused is found not guilty and acquitted under section 215 of the CPC,” said Magistrate Bernard Ochoi.
