The presiding magistrate told Wamala and his co-accused, Halima Nansubuga that the offences they are facing are capital in nature and that they cannot be allowed to take plea.
Mpigi grade one magistrate court has committed Asadu Wamala, the director Wamala Mixed Secondary School and his school matron Halima Nansubuga to High Court to start answering charges of aggravated defilement, indecent assault, and procurement of defilement.
Prosecution led by Justine Nakayiza had earlier informed court that investigations are complete and are ready to proceed with the trial in the High Court.
Grade one presiding magistrate Maureen Mukoye on Tuesday morning read out the evidence to the fully packed courtroom.
According to the committal papers presented by the Mpigi grade one presiding magistrate, Maureen Mukoye. The accused Asadu Wamala, 39 years in October 2019 at his home located at Mpambire village, Mpigi town council, performed a sexual act with a 16-year-old girl who was a student at his school.
Further evidence contained in the committal papers also shows that Wamala forcefully performed the sexual act with another 17-year-old girl at his home in Mpambire. Wamala is also accused of indecent assault of a 17-year-old girl.
Asadu Wamala in the other case is jointly charged with his school matron Halima Nansubuga of procuring defilement of a 17-year-old-girl.
The evidence contained in the committal papers further pins Wamala of conniving with the school matron, Halima Nansubuga to procure defilement. According to the evidence, it is Halima Nansubuga, who called the girls asking them to go and meet Wamala at his home.
It is alleged that when the girls went to meet him, Wamala, demanded sex from one of them but the girl declined his advances saying she was in her menstrual periods, Wamala according to prosecution went ahead to pull down the girl's knickers to check whether she was in her periods.
Wamala latter proceeded to his bed and grabbed the girl and asked her to massage his penis. It was after he ejaculated, that he allowed her to go to the dormitory. He later sent the matron in the wee hours of the morning at 1:00 am to call back the victim and on coming back, Wamala forcefully grabbed the victim and raped her.
In the morning, the girl asked the school Askari to allow her to use his cellphone to call her relatives whom she informed about what had happened to her. Court heard that the victims’ relative picked her from school and promptly filed a case at Police in Mpigi. Upon arrest, Wamala denied the offences.
Committal papers also indicate that Wamala was taken by Police to hospital for medical examination of mental health and it was found that he was of sound mind.
Asked whether he has understood and properly heard the charges read out to him, Wamala told the court that he has heard but not understood the charges.
The presiding magistrate told Wamala and his co-accused, Halima Nansubuga that the offences they are facing are capital in nature and that they cannot be allowed to take plea. She told them that they can only take plea at the High Court.
" Given the evidence contained in the committal papers, I hereby commit you to the High Court to start answering the charges, you are not allowed to take plea here because the offences you are facing are capital in nature, you will take plea in the High Court" Maureen Mukoye, the grade one magistrate told the suspects.
The accused's lawyer Nooriat Musoke asked court to avail her with committal papers containing evidence to help her prepare their defence before the High Court which the prosecutor allowed and the magistrate asked court to avail the defence lawyer with the committal papers.
During the court session, Wamala appeared uneasy, unlike the previous two occasions where he would shout whenever he was being taken to court, this time, Wamala looked tense as he stood in the dock. His family members and close relatives looked cold inside and outside court.
Relatives of the victims led by their Hadijah Nakayondo said they are happy with the committal and remained hopeful that they will get justice.
“We had longed for this time when the accused be committed to High Court, let us try looking for justice for our girls in the High Court," Nakayondo said.
Nakayondo said she spends at least sh 45,000 on her transport fare and food every time she comes to court in Mpigi from Kyotera district.