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The General Court Martial (GCM) at Makidye in Kampala has acquitted a UPDF soldier of aggravated defilement after close to four years on remand.

Staff Sergeant Rajab Tumwesigye was on Tuesday, April 9, 2024, freed by GCM chairperson Brig. Gen. Robert Freeman Mugabe on grounds that the prosecution failed to prove beyond reasonable doubt that it is the accused who performed the alleged sexual act on the victim.

Led by Lt. Col. Raphael Mugisha, Uganda People’s Defence Forces (UPDF) Director of Prosecutions Capt. Ambroz Guma and Lt Alex Mukhwana, the prosecutors had alleged that on or around February 26, 2020, while at Katabi Barracks in Wakiso district, S/Sgt Tumwesigye performed a sexual act with Melody Giramia, a girl below 14 years.

It was from this allegation that Tumwesigye was arrested, arraigned before the GCM on May 25, 2020, and charged with aggravated defilement, the charge he has since denied, prompting the court to remand him to Makindye Police Military Quarter Guard till Tuesday when he walked to freedom.

Prosecution witnesses

On denying the charge, the prosecution arraigned four witnesses namely Giramia, a friend to the victim’s father S/sgt Mawa Adiga, the victim’s mother Patricia Akum, and Dr John Kalyesubura, a medical examiner.

In her testimony, Giramia said she knew the accused from Entebbe and that on February 26, 2020, as she left the toilet, she met the accused standing, and he called her to wash his utensils.

That when she reached Tumwesigye’s home there were no utensils to wash, and instead, the latter grabbed her to the kitchen and closed the door.

He allegedly pulled her and tied her with a rope, removed his towel, slept with her, and after having sex with her, he told her not to tell anyone.

He then picked up shillings 1,000 and gave it to the victim, who tore it and threw it in the dustbin. From there, she dressed up, went home, showered, and went to school.

Later, her mother picked her up from school and sent her to a clinic after feeling pain in her urinal part.

Mawa testified that on the fateful day, at around 0600 hours at Katabi Barracks as he was going to fetch water, he met Giramia crying and asked her what had happened.

Since she continued crying, he sent her to her mother, who late in the evening of the same day told him the accused (S/Sgt Tumwesigye) had defiled her daughter.

Defence witnesses

The defendant (Tumwesigye) through his lawyers, Capt. Simon Nsubuga Busagwa and Elizabeth Nyasingwa arraigned four defence witnesses.

These were himself, his wife Grace Ninsiima Amina, and WO1 Joseph Kiwanuka Yasin of DOM Air Force.

In their testimonies, Ninsiima told the court that on the alleged day of defilement, the accused (her husband) left home at about 6:40 am and immediately boarded a bus with his colleagues for the course whereas Kiwanuka said on that day and time, they were with the accused for a course and that the accused was his sir major.

In his defence, Tumwesigye told the court that the allegations against him were malice and that the second prosecution witness S/sgt Adiga was his friend whom he gave “A soft loan of shillings 4,700,000 in installments but when he returned from Mission in Somalia, he failed to pay back.”

Tumwesigye added that on failing to pay back his money, the matter was taken to their superiors’ office and that it was shortly after reporting the matter that he was arrested over the defilement allegations before the court.

Victim was defiled, below 14 years

On whether or not there was a sexual act on the victim, the court ruled, “Based on the evidence of Giramia and Dr Kalyesubula, this court finds that a sexual act was performed on the Victim (Giramia).”

Court further ruled that it was true that the victim was below the age of 14 years and that, “She was 13 years old at the time the alleged defilement took place.”

Tumwesigye didn’t defile the victim

On whether or not the accused performed the sexual act with the victim, Gen. Mugabe ruled that “the accused person raised a defence of alibi and told the court that on the alleged date and time, he was preparing to go for the course.”

“This court is satisfied that the defence of alibi put up by the accused has not been disapproved and he was never placed at the scene of crime through any of the prosecution witnesses,” ruled Mugabe.

Tumwesigye acquitted

Mugabe further ruled that his court had carefully evaluated the evidence of all four prosecution witnesses about the participation of the accused and that of the defence.

“In the premises, this court finds that the prosecution failed to prove beyond reasonable doubt that it is the accused who performed the alleged sexual act on the victim,” ruled Gen. Mugabe.

He added, “Accordingly, this court finds that the accused is not guilty of the offence of aggravated defilement contrary to Sections 129 (1) (3) and (4) of the Penal Code Act, Cap 120 as charged. The accused is hereby acquitted unless held on other lawful charges.”