Court puts retired UPDF soldier on defence over child trafficking, defilement
According to the prosecution, Owomugisha took the victim to his home in Teso Bar, Lira City, where she lived with him and his children.
Court puts retired UPDF soldier on defence over child trafficking, defilement
__________________
The International Crimes Division of the High Court in Kampala has ordered retired Uganda People’s Defence Force (UPDF) soldier Lt Col (rtd) Stephen Aine Owomugisha to defend himself against charges of aggravated trafficking in children and aggravated defilement involving an 11-year-old girl.
In a ruling delivered on September 30, 2026, High Court Judge Susan Okalany ruled that the prosecution had established a prima facie case against Owomugisha through the 13 witnesses it called to testify, giving him a case to answer.
“Consequently, having considered the evidence adduced by the prosecution in respect of both counts, I find that the prosecution has established a prima facie case against the accused person on the charges of aggravated trafficking in children and aggravated defilement. The accused person is therefore put to his defence on both counts,” Justice Okalany ruled.
Citing Bhatt v. R [1957] EA 332, Justice Okalany explained that a prima facie case is established where the prosecution’s evidence is such that a reasonable tribunal properly directing its mind to the law and the evidence could convict the accused if the defence offered no explanation or evidence.
“At this stage, the prosecution need not prove the case beyond reasonable doubt as the ultimate determination of the accused person’s guilt can only be made after the defence has been heard,” Justice Okalany said.
Evidence
The prosecution tendered eight exhibits in evidence, including Police Form 3A, the victim’s medical examination report, a temporary custody form showing that the victim was in the accused person’s custody at the time of the alleged offence, a sketch plan of the reconstructed crime scene and a search certificate, among others.
In relation to the aggravated trafficking charge, the prosecution, led by chief state attorney Joseph Kyomuhendo, alleges that Owomugisha received, harboured or maintained the 11-year-old girl through deception, abuse of power or a position of vulnerability for the purpose of sexual exploitation between 2020 and 2022 at Lira Teso Modern ward, Lira City.
On the aggravated defilement charge, the prosecution alleges that Owomugisha, between 2020 and 2022 at Lira Teso Modern ward, Lira City, performed a sexual act with the 11-year-old girl while acting as her guardian.
The prosecution claims that the victim was placed in Owomugisha’s care after reporting an incident involving her mother.
According to the prosecution, Owomugisha took the victim to his home in Teso Bar, Lira city, where she lived with him and his children.
During this period, the prosecution alleges that Owomugisha repeatedly sexually abused the victim. The alleged abuse was disclosed after the victim attended a sensitisation session at her school on children’s rights and sexual abuse.
The victim was subsequently medically examined and was found to have a ruptured hymen and a dilated vaginal orifice.
Owomugisha was subsequently arrested and charged with aggravated trafficking in children and aggravated defilement.
Aggravated trafficking in children is contrary to sections 2(1)(b) and 4(a) of the Prevention of Trafficking in Persons Act, Cap 131, while aggravated defilement is contrary to sections 116(1) and (4)(a) of the Penal Code Act, Cap 128. On conviction, both offences attract a maximum sentence of death.