this judgment. I will now consider the 5 counts against the
Defendants,
the
evidence
adduced
in
support
and
the
applicable law. However, I must stress that this is a criminal
trial. And by virtue of Sections 135 and 136 of the Evidence
Act, 2011 (as amended). It provides.
(“35) (1) If the commission of a crime by a party to any
proceeding is directly in issue in any proceeding civil or
criminal, it must be proved beyond reasonable doubt.”
(2)The burden of proving that any person who has been guilty
of a crime or wrongful Act is, subject to section 139 of this Act
on the person who asserts it, whether the commission of such
Act is not directly in issue in the action.
(3) if the prosecution proves the commission of a crime beyond
reasonable doubt, the burden of proving reasonable doubt is
shifted on to the Defendants.
“ 136(1) The burden of proof as to any particular fact lies on
that parson who wishes the Court to believe in its existence
unless it is provided by any law that the proof of that fact shall
lie on any particular person, but the burden may in the course
of a case be shifted from one side to the other.
(2) In considering the amount of evidence necessary to shift
the burden of proof regard shall be had by the Court to the
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