Supreme Court Criticizes DPP for Ignoring Deadlines in Aggravated Defilement Case

Uganda’s Supreme Court has strongly condemned the Office of the Director of Public Prosecutions (DPP) for neglecting its duties. In a recent ruling, the court highlighted the DPP’s failure to file written submissions by April 15, 2025, despite clear instructions, while the appellant’s counsel complied.

The justices, led by a panel including Lilian Tibatemwa-Ekirikubinza, Percy Night Tuhaise, Mike Chibita, Stephen Musota, and Christopher Madrama, stressed that such lapses undermine justice, especially from state representatives. They proceeded to review the appeal on its merits anyway.

The case involves Alex Byaruhanga, convicted of aggravated defilement of a six-year-old girl in Kampala’s Makindye Division in January 2015. He lured the child with soda and cookies at her grandmother’s bar, then abducted her. The girl reported the assault the next day, identifying Byaruhanga, leading to his arrest.

High Court Judge Jane Frances Abodo sentenced him to 32 years, reduced to 28 after remand time. The Court of Appeal upheld this, and Byaruhanga appealed to the Supreme Court, claiming unfair trial due to no victim testimony or identification parade.

The Supreme Court dismissed these arguments, ruling that circumstantial evidence, including the child’s immediate account to her grandmother and corroborating testimonies, sufficed. It affirmed that courts can convict without direct victim testimony if supported by reliable evidence, particularly to protect vulnerable children.

On identification, the court noted that while parades are helpful, they aren’t mandatory here, as witnesses knew Byaruhanga from daylight interactions. Overwhelming evidence linked him to the crime, confirming the conviction and sentence.

Source: The Observer (Uganda)