Court has given the State the last chance to proceed with its appeal against the decision of the High Court to free Dr Aggrey Kiyingi, a Ugandan cardiologist based in Australia, who was acquitted of murdering his wife.

This followed reports by the Principal State Attorney, Ms Jane Kajuga that efforts to trace Mr Charles Berwanaho, one of the respondents in the appeal were not successful. Ms Kajuga said Mr Berwanaho's whereabouts is not known.

Ms Kajuga, however, said if they fail to get Mr Berwanaho, they will proceed with the appeal in his absence. High Court Judge Rubby Opio -Aweri on December 11, 2006 acquitted Dr Kiyingi of charges of murdering Rohinah Kayaga Kiyingi.

Dr Kiyingi was freed jointly with Mr Charles Berwanaho and Police detective Bob Mugisha. After his acquittal, Dr Kiyingi flew back to Australia, where he has lived since.

Director of Public Prosecution in his appeal in the 2005 murder of Robinah Kiyingi highlighted 14 grounds for his appeal, among them an accusation of bias by the High Court trial judge.

Ruling disputed

In the appeal, the DPP claims that Justice Opio-Aweri did not properly evaluate evidence when he acquitted the accused on December 11, 2006.

The trial judge, according to the DPP, also erred by dismissing evidence of Dr Kiyingi threatening his wife two years before her death, on grounds that it was too remote to relate to her death.

The DPP also wondered why the High Court disregarded reports that Robinah Kiyingi expressed fear after her husband returned to the country on June 29, 2005.