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Kampala, Uganda | THE INDEPENDENT | The International Crimes Division of the High Court has upheld the charge of aggravated trafficking in persons against Gilbert Arinaitwe Bwana.
On Wednesday, the Court presided over by Judge Dr Andrew Bashaija confirmed that the prosecution has presented sufficient evidence to try Arinaitwe Bwana.
Judge Bashaija said that the prosecution has adduced sufficient evidence against Bwana to stand trial before a Judge.
He referenced sections three and four of the Prevention of Trafficking in Persons Act, which states that anyone who recruits, transports, or receives a person through threat, force, coercion, abduction, fraud, deception, abuse of power, or vulnerability commits the offense of aggravated trafficking.
According to the prosecution, the victim alleged that Bwana arranged for her transportation from Mbarara to Kampala, promising her a job as a housemaid.
However, upon arrival, the Prosecutors allege that she was forced into unprotected sex at gunpoint and that Bwana exploited his position of power to coerce the victim into sex.
Judge Bashaija said that the evidence presented shows that Bwana arranged and paid for the victim’s transportation from Kampala to Nateete Park and then to his home, where he received her and provided accommodation.
The victim worked as Bwana’s housemate for a month, a fact confirmed by Bwana himself according to the decision by Judge Bashaija.The judge added that Bwana’s own statements, in addition to those of the victim, place him squarely at the scene of the crime. He noted that the evidence of the victim is well-corroborated by medical and other scientific expert evidence.
Judge Bashaija also referenced a letter from the Internal Affairs Directorate of the Uganda Police Force, which confirmed that Bwana is a police officer thus satisfying a key element of the offense confirming his role as a public Officer or law enforcement officer.
The Judge indicated that the letter stated that Bwana was appointed as a Superintendent of Police on July 6, 2022.Furthermore, the Judge noted that the victim’s aunt, Agnes Katushabe, had introduced the victim to the woman who promised her a job and sent the victim 40,000 shillings for transport.
Accordingly the Judge Bashaija emphasized that the evidence presented raises substantial grounds to believe that Bwana committed the offense. He said that in sexual offense cases, Judges must be cautious not to rely solely on the victim’s uncorroborated evidence. However, in this case, the victim’s allegations were corroborated by medical evidence, which showed an old ruptured hymen, bruising, and inflammation.
The judge also noted that Bwana’s actions, as alleged by the victim, suggest that he exploited his position of power to coerce the victim into sex.
He said that the prosecution has presented sufficient evidence to try Bwana, and the case will proceed to trial.
Bwana rose to the limelight in 2011 during the Walk to Work protest when he pepper sprayed Dr Kizza Besigye who is currently in prison, after smashing the window of his car with a pistol at Mulago Roundabout in Kampala City.
Bwana who in 2015 was also in court over family violence, is this time around facing charges of aggravated trafficking in person. His victim alleges that she was subjected to sexual violence too.
According to Police’s investigations, the victim intimated to her friend how she had been raped more than seven times and confined with no or little food at all on top of being not paid a salary.
As a result, the investigations show that the friend contacted the area’s local defence secretary who moved to rescue the victim from Bwana’s home and accompanied her to make a formal report at Nateete police station.
The victim is currently under the care of a Non-Governmental organization.
Once found guilty, the maximum sentence for aggravated trafficking in person is spending the remaining part of your natural life in prison. Bwana is out on bail.
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