The High Court in Mbale has sentenced a 37-year-old man from Manafwa district to 10 years in prison for the aggravated defilement of his 12-year-old stepdaughter.
In a landmark virtual trial presided over by resident judge Farouk Kirunda, Fred Luke Wotsuna who has spent over seven years on remand pleaded guilty to the August 27, 2017 incident when he sexually assaulted the minor at their home in Buta Parish, Nalondo sub-county, Manafwa district, while his partner was away.
The victim’s brother discovered the assault, and the incident was reported to the police by the victim’s uncle, leading to Wotsuna’s arrest in September 2017.
Medical evidence presented in court corroborated the allegations against him. Under the Penal Code Act, the maximum sentence for such an offence is the death penalty, but the case of Susan Kigula vs. Attorney General established that a death sentence is no longer mandatory. As such, the court followed sentencing guidelines with a minimum sentence of 35 years for aggravated defilement.
Wotsuna entered a plea bargain, resulting in a 10-year sentence, factoring in the seven years he had already spent on remand. His defence lawyer, Geoffrey Napa, argued that Wotsuna was a first-time offender, expressed remorse, and sought forgiveness from the victim. Napa also noted that the victim, now 19, and the complainants agreed to the plea deal, aiming to expedite the judicial process and foster reconciliation.
Justice Kirunda endorsed the plea bargain, praising its efficiency in delivering justice. Wotsuna expressed gratitude for the opportunity to serve his sentence and return to his family sooner, acknowledging the complainants’ willingness to reconcile.
The trial, overseen by Deputy Chief Justice Richard Butera and the UNDP Country Representative Nwanne Vwede-Obahor, marks a significant step in addressing the rise in sexual assault cases against minors. The trial was conducted using virtual hearings, which have become a crucial tool in the judicial process, particularly in reducing case backlogs.
Butera urged the public to embrace alternative dispute resolution (ADR) and highlighted the potential of integrating ICT to streamline judicial processes. Virtual hearings, which were first launched in Gulu in April 2019, have since been conducted across the country, including the high-profile murder trial of Molly Katanga, who attended via video conference from Luzira Women’s Prison. Wotsuna’s trial was the first of its kind in the Elgon region, opening the doors for more virtual trials in the subregion.
Advocates Edmund Nanguli and Geoffrey Napa highlighted the broader benefits of video conferencing, particularly in ensuring access to justice for individuals unable to travel for court proceedings. Napa also noted a recent case where video conferencing allowed a witness in Abu Dhabi to testify remotely, saving time and resources while expediting the trial process.
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