Binaisa son appeals 12-year sentence

By Andante Okanya

Francis Birungi Binaisa, who was convicted and sentenced by the High Court in Kampala to 12 years in prison for aggravated defilement, has filed papers in the Court of Appeal.

The son of ex-Uganda president Godfrey Lukongwa Binaisa is protesting both the conviction and sentence of trial judge Albert Rugadya-Atwooki. The notice of appeal was filed at the Appellate Court on August 6.

"Take notice that Francis Birungi Binaisa appeals to the Court of Appeal of Uganda against the decision of Hon.Justice  Rugadya  Atwooki given at Kampala on July 25, 2012," the notice states.

Binaisa battled the charges but the judge ruled that prosecution proved that he defiled his 12 year old niece in 2010 at his home in Makindye. The judge noted that the convict abused the trust and confidence of the victim's parents, who had entrusted the girl under his guardianship.

The verdict was based on evidence of three witness, including that of the victim (names withheld), who testified in camera, and pinned the convict, saying he forced himself on her on three separate occasions.

Court also relied on the evidence of Dr. Moses Byaruhanga who confirmed that she had been abused, and that of social worker Edgar Barigye who said the victim was traumatised.

Binaisa did not mount any defence during trial. He sought numerous adjournments, claiming he was unwell. The judge was irked by his conduct.

The memorandum of appeal is yet to be filed at the Appellate Court.