Man convicted for defiling his eight-year-old daughter
Moses Ogwang in the dock. He was convicted of defiling his own daughter in 2024. (Photo by Hudson Apunyo)
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A father who was accused of sexually abusing his eight-year-old daughter has been convicted of aggravated defilement after the High Court in Lira found that the prosecution had proved the case beyond reasonable doubt.
Justice Margaret Apiny convicted Moses Ogwang on August 26, 2026, after rejecting his claims that he had been framed by people harbouring grudges against him.
Ogwang had been charged with defilement arising from an incident alleged to have occurred on June 17, 2024, in Lira district, when his daughter was eight years old.
The case presented a contest between the child's account of what happened and her father's claim that the allegations had been manufactured by people with whom he had longstanding disputes.
After weighing the evidence, however, the judge found the child's testimony credible and held that the prosecution had placed Ogwang at the scene and proved his participation in the offence beyond reasonable doubt.
The prosecution called three key witnesses, including Morris Omara, a clan leader, the child who was the victim, and Evaline Ewil.
The court subsequently found that Ogwang had a case to answer and placed him on his defence.
Father denies allegations
In his defence, Ogwang denied sexually abusing his daughter and claimed that the allegations had been coached.
He told court that there were longstanding disagreements between him and Evaline Ewil, whom he said he had known for more than 20 years because he had married her sister.
According to Ogwang, Ewil had previously wanted to marry him, but he eventually married her sister instead. He claimed that Ewil had since held a grudge against him and had threatened to cause problems in his marriage.
He also alleged a separate dispute with Omara over customary land.
Ogwang told court that Omara had asked him for a garden, which he refused to give him, resulting in a disagreement. He further claimed that Ewil, Omara and others had been involved in the alleged theft of three of his cows in February 2024.
He argued that these disputes provided a motive for his prosecution.
He also alleged that his daughter had been coached by Ewil and her mother to implicate him.
However, the judge found that the alleged grudges did not provide a sufficient explanation for the child's account or create reasonable doubt in the prosecution case.
Court rejects alibi and torture claims
Ogwang also raised an alibi, telling court that he could not have committed the offence on June 17, 2024, because he had returned from another place and was not with his daughter that night.
Ogwang told court that he had spent about a week receiving treatment at Amach Hospital for injuries he said he sustained after being dragged and beaten.
He claimed that the statement he signed on June 25, 2024, was not read back to him and that he was not in a proper state of mind when he wrote his name.
He also said that the medical officer who treated him was the same person who examined the child.
The judge, however, found inconsistencies in his account concerning whether he had been medically examined.
Justice Apiny said the inconsistencies damaged Ogwang's credibility, particularly after he initially claimed that he had received treatment without being examined but later acknowledged that he had been examined by the medical officer.
The judge also noted that, although Ogwang alleged that he had been tortured, he did not produce additional evidence or medical documentation to support the claim.
Child's evidence convinces court
A significant part of the prosecution case was the testimony of the child.
Justice Apiny said the court had exercised caution while assessing the evidence of the child, who was about 10 years old when she testified.
The judge noted that the child used an anatomical doll while explaining what had happened and gave details about the pain, humiliation and physical difficulties she experienced.
The judge said such details were not the kind that would ordinarily be invented by a child.
The court also found consistency between the child's account and other evidence concerning the circumstances in which she was allegedly abused.
The child testified that she and her brother were in the same house and were the only people there at the time because their mother had gone to the market.
The judge found her evidence truthful and reliable, noting that it remained intact during cross-examination.
Alleged grudges not enough
Ogwang's defence relied heavily on the alleged grudges involving Ewil and Omara.
But the judge observed that although a genuine grudge can, in appropriate circumstances, create reasonable doubt, the defence had failed to establish that the alleged disputes were sufficient to explain the child's allegations.
Justice Apiny found that the alleged disputes, some of which had not been reported to police or independently proved, were insufficient to discredit the child's evidence.
The judge also referred to a Supreme Court decision which recognises that a conviction can be based on the evidence of a single victim where the court finds that witness truthful and reliable.
In this case, the judge said the child's testimony was believable and had not been weakened during cross-examination.
Court finds prosecution case proved
The judge agreed with the assessors, who had advised the court to find Ogwang guilty based on the evidence presented.
Justice Apiny concluded that the prosecution had discharged its burden and proved the case beyond reasonable doubt.
She therefore convicted Ogwang of aggravated defilement.
The prosecution, represented by Esther Zawedde, then asked the court to impose a severe sentence, stressing that Ogwang was not merely the victim's offender but also her father, a person entrusted with her care and protection.
The prosecution argued that Ogwang had betrayed the parental trust placed in him and had abused a child who was particularly vulnerable because of her age.
It further submitted that the offence involved a serious violation of the child's dignity and welfare and urged the court to impose life imprisonment, arguing that such a sentence would reflect the gravity of the offence, deter would-be offenders and protect children and society.
Defence pleads for leniency
Defence lawyer Hope Abeja asked the court to be lenient.
She described Ogwang as a first-time offender and told court that he had seven children, one of whom was the victim.
The defence submitted that the children were now living without proper parental care and that Ogwang had been their sole breadwinner.
Abeja also told court that Ogwang had spent two years, one month and 25 days on remand and appeared remorseful.
The defence proposed a 12-year custodial sentence, asking the court to take into account the period he had already spent on remand.
In his own mitigation, Ogwang asked the court for forgiveness from the victim and from the mother of his children.
He also appealed to the court to consider his family circumstances.
The court adjourned the case to today, Thursday, August 27, for sentencing.