Waiduura read to each of the accused details of their indictment handed to him by the state attorney, Shebah Kyalisiima who informed the court that investigations into the matter were complete. She asked the court to commit the suspects to the High court for trial.
Court has heard that the duo on March 3rd, 2022 in performance of their public functions solicited for a gratification of 1.5 million shillings from the relatives of Joseph Arinaitwe, a defilement suspect to have the case file disposed off and set him free.
Kawala notes that the former primary three pupil at Bambala primary school returned home from school before proceeding to buy sugarcane in the next trading centre where she stayed for some time at her uncle’s place.
Secondly, the Justices say that the trial Judge treated Muhairwe while sentencing him as a parent or guardian of the victim of defilement which is an aggravating element for offenses of this nature given the resultant breach of trust but they were never related.
Statistics from the district health, education, probation and social welfare departments show that from January to November 2021 1,264 young girls aged between 3 and 17years are reported defiled in the district.
“In short, the law doesn’t create the offence of child to child sex. The use of the phrase child to child sex in the marginal notes to section 129A of the penal code Act is therefore misleading to the extent that it creates the offence of child to child sex. … The offender in this care was therefore rightly charged with the offence of defilement,” he said.
Beatrice Babra Angufiru, the Senior Legal Officer for Legal Aid Gulu revealed that of the 112 people who turned for the services, over 80 percent of them were with complaints on land conflicts while criminal matters like defilement and child neglect came a distant second
According to available information, Nyombi who was preparing food for his colleagues used the chance when his friends went into the forest to collect the firewood to lure the girl into sex with promises of giving her a mobile phone.
Julius Hakiza, the Albertine Region Police spokesperson, says the suspect says the suspect will appear in court on charges of aggravated defilement contrary to section 129 (3) and (4) (c) of the Penal Code act.
Samson Kasasira, the Rwizi Region Police spokesperson, says Tumusiime was arrested over the weekend from his hideout in Rwentondo. He says the suspects went into hiding after committing the offense of May 03rd, 2020.