A 42-year-old ex-military officer sentenced to death over the murder has been released after he won an appeal 13 years into his jail term.

Kenneth Kawonda from Yambio had been sentenced to death by a regional high court in 2008 in connection with the gruesome murder of Jimmy Jibson.

According to the opinion issued by Deputy Chief Justice Dr John Gatwech Lul, Kawonda was handed a death sentence after the court heard that he had entered an altercation with the deceased and threw punches at him on that fateful night. He was arrested alongside a lady who was in the company of the deceased on the night (deceased) he was killed.

The court heard from Viola Rudolf—the second accused—that Kawonda may have participated in the killing of Jibson. The body of the deceased was reported to have been found with stab wounds.

Kawonda appealed his sentence through advocate Geffrey Bula.

Reprieve

A ruling  by a three-judge bench—comprising Chief Justice Chan Reech, Deputy Chief Justice John Gathwech Lul and Justice Kuc John Akot—acquitted the appellant on grounds that there was no sufficient evidence to nail him down.

‘‘The circumstantial evidence t which the trial court convicted the appellant with is not corroborated by any independent evidence in order to lead to the guilt of the appellant and therefore I concur with my colleague of the author of the first opinion,’’ Justice Kuc John Akot stated in his ruling made on May 6, as he supported deputy CJ’s ruling of April 28.

‘‘There sufficient doubt regarding the alleged crime committed by the accused. Hence, the accused or convict Kenneth Kawonda ought to benefit from this doubt. I agree with the conclusion reached by both colleagues,’’ Chief Justice Chan Reech Madut ruled on May 28.