The Appellants were arraigned in the District Court for three counts of armed robbery contrary to section 285 and 287A of the Penal Code, Cap 16 of 2002. After the full trial the Appellants were found guilty in one count, sentenced to 30 years’ imprisonment. The 1st Appellant who was convicted and sentenced in absentia was arrested and brought to the trial court on 13.07.2012. The 1st Appellant was given opportunity of being heard on his reasons for absence and whether had probable defence on merits. The court found that the 1st Appellant presented no sufficient reasons for his absence hence was not heard on probable defence on merit. He thus was ordered to serve his sentence from the date of apprehension.
Aggrieved the Appellants filed an appeal arguing that the trial court erred to convict them using insufficient evidence. They also stated the trial court erred to rely on evidence of a co-accused, to convict the 1st Appellant in absentia and acted on illegal caution statements and uncorroborated evidence.