Bugi s/o Rioba v. R. Mtatiro Waiyaga v. R., Crim. App. 456, 457-M-66; 16/1/67; Platt, J.

Bugi s/o Rioba v. R. Mtatiro Waiyaga v. R., Crim. App. 456, 457-M-66; 16/1/67; Platt, J.

Accused Bugi was convicted of burglary and theft and accused Mtatiro of receiving stolen property. The testimony of an accomplice was admitted as against both of the accused. Also admitted into evidence was testimony of a policeman that Bugi’s wife had told him that part of the stolen property had been brought to the house by her husband. The magistrate also considered as against Bugi the plea of guilty of a co-accused in which he admitted committing the crime together with Bugi. The accused Mtatiro testified that the stolen property found at his home had been brought to him by friends for safe-keeping; he denied knowing that it was stolen property.

            Held: (1) The testimony of the accomplice was uncorroborated and her veracity was doubtful. Therefore, her testimony could not support a conviction. (2) The statements of Bugi’ wife were hearsay and were inadmissible. (3) The statements of a co-accused in his plea of guilty should not have been admitted as against the accused Bugi. If the prosecution desired to introduce his testimony he should have been called as a witness. (4) The presumption arising from the possession of recently stolen property is rebutted by exculpatory testimony of the accused which could reasonably be true.