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
Schools told to start EAC clubs
Schools in Uganda have been advised to start forming East African Community (EAC) clubs for strengthened integration of youths into EAC affairs....
Uganda tightens border checks over illicit brew
Ugandan authorities have tightened checks on the importation of alcohol from Kenya as authorities in Nairobi intensify the crackdown on illicit brew that has killed over 80 people since last year....
Rising child prostitution worries Bugiri activists
Human rights activists in Bugiri district are concerned about the continued rise in trafficking of underage girls into commercial sex....
Dr Mungherera retires from civil service
Dr Margaret Mungherera, a long-serving medical practitioner has retired from civil service after 31 years. Mungherera, who has been a senior consultant psychiatrist at Mulago, revealed at a meeting in Kampala on Monday that her tenure had come to an end on June 30....
East African leaders demand Burundi delays presidential poll
East African leaders have demanded Burundi delay a controversial presidential election by two weeks until July 30, after weeks of unrest....
Museveni supporters hold demonstration in Kampala
A group of NRM members have held a peaceful demonstration on Kampala Streets expressing their support to President Yoweri Museveni in the 2016 polls....
Do you think Ugandan graduates are the worst in the region?
Yes
No
Can't Say
follow us
subscribe to our news letter