By Weswa Ronnie
MANAFWA
The High Court in Mbale on Wednesday, 6th November, 2024 sentenced Fred Luke Wotsuna to 10 years in prison for aggravated defilement of his 12-year-old stepdaughter, only identified as Esther.
Wotsuna, 37, a born of Manafwa district who had spent seven years on remand, pleaded guilty to the charge in a landmark virtual trial.
Prosecutor Justine Chekwech said the case stemmed from an incident on August 27, 2017, when Wotsuna assaulted the minor at their home in Buta Parish, Nalondo Sub-county in Manafwa District while his partner was away.
The victim’s brother found him in the act, and the incident was reported to the police by the victim’s uncle, leading to Wotsuna’s arrest and remand in September 2017.
Medical evidence presented before the court corroborated the allegations against him.
While the Penal Code Act stipulates death sentence upon conviction, the case of Susan Kigula vs. Attorney General established that such a sentence is no longer mandatory.
Consequently, the courts are guided by sentencing guidelines, which set a minimum sentence of 35 years for such offenses.
Wotsuna accepted a plea bargain that resulted in a 10-year sentence, factoring in his seven years spent on remand.
Defense lawyer, Geoffrey Napa emphasized Wotsuna’s status as a first-time offender who expressed remorse and sought forgiveness from the victim.
Napa noted that the victim, now 19, and the complainants agreed to the plea deal, which aimed to expedite the judicial process and promote reconciliation.
Resident Judge, Farouk Kirunda endorsed the plea bargain, praising its efficiency in delivering justice.
Wotsuna expressed gratitude for the chance 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, represents a crucial step in addressing the alarming rise in sexual assault cases against minors.
Additionally, the combination of virtual hearings and plea bargains marks a significant milestone in the judiciary’s efforts to enhance efficiency and reduce case backlogs.
This innovative approach aims to streamline proceedings while ensuring that justice is served effectively.
Butera urged the public to embrace alternative dispute resolution (ADR) promising more innovations and integration of ICT to facilitate judicial processes.
Virtual hearings were launched in April 2019 in Gulu and have been conducted across the country from time to time, including the high-profile murder trial of Molly Katanga who is attending via video conference from Luzira women’s prison.
But Wotsuna’s was the first in Elgon and now opens the courts in the sub-region to more such trials.
Advocates Edmund Nanguli and Geoffrey Napa highlighted the broader benefits of video conferencing underscoring its potential to facilitate access to justice, particularly for those unable to travel for court proceedings.
Napa noted a recent case where video conferencing allowed a witness in Abu Dhabi to testify remotely, saving time and resources, and ensuring a more expedient trial.
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