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{UAH} CAN A DEAF PERSON BE ALLOWED TO BE A WITNESS IN COURT?

CAN A DEAF PERSON BE ALLOWED TO BE A WITNESS IN COURT?

Katimbo was arrested for breaking into the maize mill in his village. However since the only person around was the 'deaf and dumb' woman called Nakiryo, he knew he was safe. The police arrested him because they found a trail of flour going to his hut but had no other evidence. The case was brought to court and Katimbo was confident, that Nakiro couldn't say anything against him because she can not speak. IS he right?

WHAT DOES THE LAW SAY?

The answer is No. According to the law, all persons are competent to testify before court and it is up to the court to decide whether they have a disability that renders them unable to give rational answers to the questions of court for example, being too young or too old or if they have a disease of body or mind. The witness who is unable to speak may give his or her evidence in any other way in which he or she can make it intelligible, such as by writing or by signs.

The law requires that this writing or sign language is made in open court. Therefore, because Nakiryo cannot speak, the court can choose sign language or give Nakiryo a chance to write out her testimony in court if she is able to read and write. So the court can rely on her testimony to pin Katimbo to the break in at the maize mill.


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"When a man is stung by a bee, he doesn't set off to destroy all beehives"

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