High Court orders paedophile Emin Baro retrial

By John Agaba and Nora Candiru

JUSTICE Faith Mwondha has ordered a fresh trial for Emin Baro, the pedophile recently convicted of sexually molesting under-age Ugandan girls.

The Nakawa High Court judge ordered for the retrial on grounds that the trial magistrate-Grade One, Magistrate Rosemary Ngabirano had overstepped her jurisdiction.

Ngabirano had sentenced Baro to a fine of sh6m or two years imprisonment.

Justice Mwondha said there was substantial evidence that the initial trial had been irregularly handled, hence the need for a retrial.  

She also said Ngabirano's ruling was lacking because there wasn't evidence key enough presented to court that Baro was guilty, much as Baro himself pleaded guilty.

"The disks, photographs, and videos of child pornography talked about were not produced as exhibits in court for court to satisfy itself that it was child pornography,' argued Mwondha.

She ordered that the fine of sh6m that Baro already paid be given back to him. He will return to court on May 22 to enter a plea.

Baro, aged 54 was initially charged under the Computer Misuse Act.

The Act stipulates that a person who produces child pornography for the purpose of distribution through a computer commits an offence and is liable to 15 years on conviction or a fine not exceeding sh7.2m.

Baro was found in possession of a compact disc with videos showing two children sucking his genitals.

He pleaded guilty before Nakawa Court Grade One magistrate, Rosemary Ngabirano.

However, following the irregularities in the case the Director of Public Prosecution (DPP) cited, Baro was remanded back to Luzira Prison.

Baro was arrested in March this year at Bugumba village, Iganga district.

Media reports also indicate that Baro was allegedly charged before Malindi Court in Kenya in 2009, after he was allegedly found having sex with a 15-year-old Kenyan girl.

He was reportedly charged before Senior Resident Magistrate Dominica Nyanibu. It is not clear how he left Kenya and entered Uganda.