Eritrean gets 10-month jail sentence over elopment

May 12, 2016

According to prosecution, between May and September 2015, Habtemicael started a relationship with Yorsalem Teweldebrhan Debessai a wife to Henok Mihretab Sium.

The Grade One Court in Kajjansi has convicted an Eritrean National to 10 months in Prison for eloping with a married woman.

Hermon Habtemicael, 32, a businessman, was found guilty before the Grade One Magistrate, Hope Bagyenda, on Tuesday. The case was heard at the Magistrates chambers.

According to prosecution, between May and September 2015, Habtemicael started a relationship with Yorsalem Teweldebrhan Debessai a wife to Henok Mihretab Sium.

Evidence shows that, the Habtemicael committed the crime when the Henok and his father Mihretab Sium Temels were away on official duties.  

ermon abtemicael escorted by a risons officers after the judgment Hermon Habtemicael escorted by a Prison's officers after the judgment

 
During the said period, Teweldebrhan allegedly disappeared from their home in Lweza B, Lubowa, Wakiso district, neglecting their one year and eight months daughter.

The complainant (Henok) reported a case of desertion at Kajjansi Police Station in November 2015.  

Evidence further indicates that the accused also facilitated the travel of Teweldebrhan to Istanbul in Turkey where her father in-law found them.

When he (Habtemicael) returned into the country, he was charged with elopement.

The evidence further indicates that the two were using Temles' (father in-law to Teweldebrhan) bedroom for their sexual affairs.

The accused admitted to have committed the crime.

Bagyenda (magistrate) said the accused (Habtemicael) was charged with elopement contrary to section 127 of the Penal Code Act which calls for a maximum sentence of 12 months or a fine of sh200/=.

She convicted him to 10 months in prison without option of the fine.

 ermon abtemicael with other prisoners at the court cell after judgment Hermon Habtemicael with other prisoners at the court cell after judgment

 
Habtemicael's lawyer, Oscar Kamusiime Mwebsa, of Birungi, Barata Associates legal and Tax Consultants,  pleaded with the magistrate to give a non-custodial sentence to his client, saying he had people to cater for and an enterprise which could collapse in his absence.

He requested that his client be given a fine to compensate the accused which the State Attorney, Nasulu Ntalo rejected.

Ntalo argued that given the nature of the case and conduct of the accused, he needed a custodial sentence.

Bagyenda (magistrate) said given circumstances of the case and how it was committed, the accused would be convicted for 10 months and advised him to appeal if he wanted. Ends

 

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