High Court urged to dismiss defiler’s appeal
Aug 07, 2007
THE High Court has been asked to dismiss an appeal by a housewife who was sentenced to 11 years for forcing her 15-year-old stepson into sex.
By Edward Anyoli
THE High Court has been asked to dismiss an appeal by a housewife who was sentenced to 11 years for forcing her 15-year-old stepson into sex.
The State Attorney, Joan Magezi, said the court should maintain the ruling against Esther Kaggwa, adding that prosecution proved beyond doubt that Kaggwa forced her stepson into sex.
Buganda Road Court chief magistrate Margaret Tibulya also ordered Kaggwa to pay sh10m for injuring the boy’s right eye.
Court heard that Kaggwa forced the boy into sex between 1997 and 2003 while his father, Samuel Kimera, was working in Japan.
Kaggwa, who got bail in January, is challenging the sentence, saying it was harsh and cruel.
She said the Magistrate sentenced her before convicting her.
Her lawyer, Maxim Mutabingwa, claims the chief magistrate relied on hearsay in her judgment.
Mutabingwa argued that Tibulya did not consider the evidence by the defence, that there was a grudge between Kaggwa and her husband, Kimera.
He added that doctor Thaddeus Barungi, who examined the boy, did not find any signs of forceful sex.
However, Magezi said the trial magistrate relied on credible evidence from witnesses.
The case was adjourned to September 24.
THE High Court has been asked to dismiss an appeal by a housewife who was sentenced to 11 years for forcing her 15-year-old stepson into sex.
The State Attorney, Joan Magezi, said the court should maintain the ruling against Esther Kaggwa, adding that prosecution proved beyond doubt that Kaggwa forced her stepson into sex.
Buganda Road Court chief magistrate Margaret Tibulya also ordered Kaggwa to pay sh10m for injuring the boy’s right eye.
Court heard that Kaggwa forced the boy into sex between 1997 and 2003 while his father, Samuel Kimera, was working in Japan.
Kaggwa, who got bail in January, is challenging the sentence, saying it was harsh and cruel.
She said the Magistrate sentenced her before convicting her.
Her lawyer, Maxim Mutabingwa, claims the chief magistrate relied on hearsay in her judgment.
Mutabingwa argued that Tibulya did not consider the evidence by the defence, that there was a grudge between Kaggwa and her husband, Kimera.
He added that doctor Thaddeus Barungi, who examined the boy, did not find any signs of forceful sex.
However, Magezi said the trial magistrate relied on credible evidence from witnesses.
The case was adjourned to September 24.