Police, lawyer clash over case
A CRIMINAL case in which a 12-year-old Primary Six pupil is accusing a teacher of defiling her has caused a rift between the Police and the resident state attorney in Luweero district.
By Frederick Kiwanuka
A CRIMINAL case in which a 12-year-old Primary Six pupil is accusing a teacher of defiling her has caused a rift between the Police and the resident state attorney in Luweero district.
On the strength of the doctor’s examination report, the Police want the suspect tried for defilement but, the stare lawyer, Henry Twinomuhwezi, has amended the charge to indecent assault, saying the defilement charge could not stand in court.
The suspect, Vincent Bisegerwa, who teaches SST at Ambassadors of Hope orphanage school, was arrested last December.
He appeared before Luweero Magistrates Court on December 7 and was charged with defilement.
But the charge was later amended to indecent assault, which carries a maximum sentence of 14 years imprisonment, while that for defilement is death.
According to a copy of the medical examination report attached to the Police file number CRB 2552/07, the girl had a ruptured hymen and bruises on her private parts. The report dated December 3, 2007 states that the victim was defiled twice in August and on November 25, 2007.
“If the hymen is ruptured, why do you call it indecent assault?†the district Police Commander, Justus Tindigaruhayo, who advised the aggrieved parents to appeal to the Director of Public Prosecutions in Kampala, said on Tuesday.
But Twinomuhwezi said the victim was not specific in her statement. “It will be very difficult for the prosecution to prove its case beyond reasonable doubt because the victim is not certain as to when the incident took place,†reads part of his comment which was attached to the file.
“If someone touches your private parts, it does not mean you were defiled.â€
He added that the girl’s parents took so long to report the case and some of the evidence was lost.
According to the girl’s written statement which was attached to the file, the teacher allegedly defiled her in the staffroom and in the school sick bay.
She says she bled heavily in the first incident but feared to report after intimidation by the teacher.
She added that after the second violation, she reported to her aunt, who took her to Kasana Health Centre where she was examined.
The suspect, Bisegerwa, was later arrested and charged. He was remanded at Butuntumula Prison and granted bail on January 30. He last appeared before court on February 14.
A CRIMINAL case in which a 12-year-old Primary Six pupil is accusing a teacher of defiling her has caused a rift between the Police and the resident state attorney in Luweero district.
On the strength of the doctor’s examination report, the Police want the suspect tried for defilement but, the stare lawyer, Henry Twinomuhwezi, has amended the charge to indecent assault, saying the defilement charge could not stand in court.
The suspect, Vincent Bisegerwa, who teaches SST at Ambassadors of Hope orphanage school, was arrested last December.
He appeared before Luweero Magistrates Court on December 7 and was charged with defilement.
But the charge was later amended to indecent assault, which carries a maximum sentence of 14 years imprisonment, while that for defilement is death.
According to a copy of the medical examination report attached to the Police file number CRB 2552/07, the girl had a ruptured hymen and bruises on her private parts. The report dated December 3, 2007 states that the victim was defiled twice in August and on November 25, 2007.
“If the hymen is ruptured, why do you call it indecent assault?†the district Police Commander, Justus Tindigaruhayo, who advised the aggrieved parents to appeal to the Director of Public Prosecutions in Kampala, said on Tuesday.
But Twinomuhwezi said the victim was not specific in her statement. “It will be very difficult for the prosecution to prove its case beyond reasonable doubt because the victim is not certain as to when the incident took place,†reads part of his comment which was attached to the file.
“If someone touches your private parts, it does not mean you were defiled.â€
He added that the girl’s parents took so long to report the case and some of the evidence was lost.
According to the girl’s written statement which was attached to the file, the teacher allegedly defiled her in the staffroom and in the school sick bay.
She says she bled heavily in the first incident but feared to report after intimidation by the teacher.
She added that after the second violation, she reported to her aunt, who took her to Kasana Health Centre where she was examined.
The suspect, Bisegerwa, was later arrested and charged. He was remanded at Butuntumula Prison and granted bail on January 30. He last appeared before court on February 14.