Evidence Law in the Ugandan Jurisdiction

11167 Words Feb 17th, 2013 45 Pages
BURDEN OF PROOF AND STANDARD OF PROOF.
Under s. 4 of the Uganda Evidence Act, evidence may be given in any suit or proceeding of the existence or non-existence of every fact in issue and of such other facts as are declared to be relevant. C.D. Field has defined burden of proof as a metaphorical phrase indicating an obligation to prove a fact or facts. This obligation necessarily involves the adduction of evidence in an attempt to prove a fact, subject to occasional cases where a fact can be established without evidence.

Towards the end of the Nineteenth Century, Thayer maintained that the ÔÇ£words burden of proofÔÇØ were used in two senses and that there was only one phrase for two ideas. One idea was the duty of him who will lose the case
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It also includes tape recording which may not fall under any of the definitions. The admissibility of tape recording was first considered in R v Maqsud Ali.
A murder had been communicated and the two appellants voluntarily entered a room with a Police Superintendent and a Pakistani Liaison Officer. A microphone was installed in the room and connected to a Tape Recorder in another room. The recorder was switched on and the Superitendant and the Liaison Officer left. While the appellants were alone, they conversed in a Punjabi dialect and their conversation almost amounted to a full confession to the murder. The tape was kept in Police Custody but not all the appellants said it was clear as the recording contained several street voices. It was also not easy to prepare the transcripts and translations of the words on the tape because the words had to first be translated into Urdu which is the Official language of Pakistan. At the trial, one of the issues was whether the tape recording and the transcript translations should have been admitted in evidence. Court held that evidence of a tape recording was in the circumstances admissible the trial judge having properly warned the jury of the caution with which they should consider the translations. That the translations were properly admitted despite the difficulties of language and that the recorder was in substance a mechanical eavesdropper and the judge…