Sumaili s/o Bwalo v. R., Crim. App. 780-M-66; Abdallah s/o Saidi v.R. Crim, App. 785-M-66; 9/1/67; Platt, J.

Sumaili s/o Bwalo v. R., Crim. App. 780-M-66; Abdallah s/o Saidi v.R. Crim, App. 785-M-66; 9/1/67; Platt, J.

Accused were covicted of stealing by a public servant (P. C. ss. 265 and 270.)

            Held: (1) A judge must read or have read in court any notes taken during a view of the locus and allow evidence to be called on any points covered therein. Citing Mwanja s/o Nkii v. R., 16 E.A.C.A, 142; Musaka v. Uganda, (1964) E.A. 700. (2) Extra-judicial statements made to police officers by the accused may not be admitted without caution if the officers are not available to give evidence. (3) Such statements may not be admitted without caution if made while the accused are in custody where or not the officers give testimony. (4) If a prima facie case has not been independently established, guilt may not be inferred merely from the accused ’s “unimpressive demeanor or evidence” Citing Raferi Munya v. R., (1953) 20 E. A. C. A. 226.