Mbale Court convicts man of trafficking, defiling 13-year -old girl
Justice Farouq Lubega convicted Walukhane on both counts after finding that the prosecution had proved the charges beyond reasonable doubt.
Mbale Court convicts man of trafficking, defiling 13-year -old girl
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The High Court in Mbale has convicted Michael Walukhane alias Mulwadde of aggravated trafficking in children and aggravated defilement of a 13-year-old girl.
Justice Farouq Lubega convicted Walukhane on both counts after finding that the prosecution had proved the charges beyond reasonable doubt.
The prosecution alleged that on November 25, 2024, at Buwamabaka Cell in Manafwa District, Walukhane recruited or transported the girl, identified as N.N., for sexual exploitation by abusing her position of vulnerability.
He was also accused of "performing a sexual act" with the girl on the same day.
Walukhane denied both charges and was represented by Shafiki Ntuyo and Cornelius Watulo on State brief. State Attorney Maria Nakatudde represented the prosecution.
The prosecution called two witnesses, including the girl’s mother, Ronah Nagudi and John Wafusayo. It also tendered the girl’s medical examination report, the accused’s medical examination report and his charge and caution statement.
The court heard that on November 25, 2024, Nagudi went with her daughter to her restaurant in Buwangani Trading Centre. She left the girl seated on the veranda while she went to buy items for the restaurant.
When she returned about 30 minutes later, she found the girl missing.
Wafusayo told court that he saw Walukhane calling the girl using a sign and that she went to him before the two walked away together.
He said he initially thought Walukhane was taking the girl to her mother.
Nagudi followed the direction given by Wafusayo and found her daughter in a wooded area holding her knickers and a pair of leggings.
According to the judgment, Nagudi checked the girl and observed fluid coming from her private parts.
While she was checking the girl, Walukhane emerged from the trees and ran away. Nagudi raised an alarm, prompting him to continue running and cross a river.
She subsequently took the girl to Kaato Police Station.
The girl was later taken to White Cross Health Centre for medical examination.
The judge also considered evidence that the girl was born on May 23, 2011. A medical examination conducted on December 6, 2024, placed her age at 13 years.
According to the judgment, the court was unable to take evidence from the girl because she was deaf and unable to speak. A sign-language interpreter was brought in, but the girl had only recently enrolled in a school for the deaf and had not acquired sufficient sign-language skills to communicate effectively.
In his defence, Walukhane denied knowing the girl and said that on the day in question he was at home before going to Namaleya Trading Centre, where he was arrested over allegations of defiling a child.
However, during cross-examination, he admitted that he knew Wafusayo and had previously seen the girl and her mother at the trading centre.
The court also considered evidence that Walukhane disappeared from the village after the incident and was arrested in another village a week later.
Justice Lubega found that the evidence of Nagudi and Wafusayo placed Walukhane with the girl before she was found in the trees and that he fled when Nagudi found them.
The judge found that the prosecution had proved the ingredients of aggravated trafficking in children, including the transfer of the girl, abuse of her position of vulnerability, sexual exploitation, her age and Walukhane’s participation.
The court found that the prosecution had proved that the girl was below 14 years of age, that a sexual act had been performed on her and that Walukhane participated in the offence.
Justice Lubega subsequently convicted Walukhane on both counts of aggravated trafficking in children and aggravated defilement.