National
‘Lucky’ defiler to serve 18 years in prison
Publish Date: Jun 10, 2014
‘Lucky’ defiler to serve 18 years in prison
Professor Lillian Tibatemwa Ekirikubinza was on a coram of judges that heard the appeal
  • mail
  • img
newvision

By Hillary Nsambu

The Court of Appeal has told a defiler, John Kapalaga, to consider himself lucky for having been sentenced to only 18 years imprisonment for defiling a-five-year-old minor, an offence that carries a maximum sentence of death.

 
“You should consider yourself lucky to see that the trial judge gave you only 18 years imprisonment, considering that the offence calls for a maximum sentence of death under the circumstances.
 
The trial judge gave convincing justification for the sentence of 18 years imprisonment, which is not manifestly excessive, harsh or mistaken in law to call for our interference,” the court ruled.
 
The court was dismissing Kapalaga’s criminal appeal in which he had sought to have the sentence reduced, complaining that it was severe; considering that he has a-six-year-old child to look after.
 
Justices Remmy Kasule, Richard Buteera and Professor Lillian Tibatemwa Ekirikubinza, presided over the appeal.    
 
The trial judge, Albert Rugadya Atwoki, who tried Kapalaga at the High Court sitting at Kasese in 2006 said that the accused did not deserve mercy.
 
The prosecution told the court that Kapalaga, in his early forties, was a houseboy in the home of his victim at Kyarugomoka village, Kasese District. On the day he committed the offence in April 2005, he had enticed the young girl to accompany him to the river that is about 100 metres away, to collect some water.
 
However, after about 30 minute the mother heard her daughter crying, prompting her to rush to where she was. Upon arrival at the scene in a bush nearby, she found the accused shamelessly having carnal knowledge of the minor.
 
Although Kapalaga disappeared from the home where he was employed, he was arrested the next day and was charged with the offence of aggravated defilement.

 
 
 
 
 
 
 
 
 
 
 
 
 

 

The statements, comments, or opinions expressed through the use of New Vision Online are those of their respective authors, who are solely responsible for them, and do not necessarily represent the views held by the staff and management of New Vision Online.

New Vision Online reserves the right to moderate, publish or delete a post without warning or consultation with the author.Find out why we moderate comments. For any questions please contact digital@newvision.co.ug

  • mail
  • img
blog comments powered by Disqus
Also In This Section
14 killed in DR Congo machete attack
THE incursion by the Ugandan rebel group ADF took place overnight in the town of Kampi ya Chui....
Businessman sues UNRA over Entebbe Expressway
A businessman has dragged UNRA to court seeking sh5b in damages for loss of business and the inconvenience over the construction of the Entebbe Expressway....
US Commander of Africa Forces visits
President Yoweri Museveni has said that the main challenge in Somalia today was clan-related issues. The President made the remarks at State House Entebbe in a meeting with the United States of America Commander of Africa Forces, General David Rodriguez....
Museveni hails Uganda-North Korea ties
President Yoweri Museveni describes the North Koreans as friends who have helped Uganda for a long time on visit of one of its leaders....
Slain Unilever boss mourned
Speaker after speaker described Makanga as a smart, classy, humble, respectful, joyful, hardworking man at his funeral in Kampala....
Muntu warns Mafabi, Nabila over media exchanges
ACCORDING to John Kikonyogo, the party spokesperson, Muntu said discussing the issues in the media was affecting the image of the party...
Should the absence of bride price prevent couples from wedding?
Yes
No
Can't Say
follow us
subscribe to our news letter