Reported by Sandra Ainebyoona
The High Court of Uganda sitting in Kampala has released a man accused of sodomy after the prosecution failed to proceed with the case.
In a case before Justice Margaret Mutonyi, Ssebowa Vincent was charged with aggravated defilement for allegedly sodomizing a young boy. However, the prosecution was unable to locate the victim or the school he was studying in, and the teacher they were in touch with was also unavailable. As a result, they requested an adjournment to seek the Director of Public Prosecution’s advice on how to proceed.
The defense however objected to the prosecution’s request, arguing that the absence of the victim and the school indicated there was no evidence available to pin the accused. Defense counsel further argued that the accused was innocent until proven guilty. Court was asked to dismiss the case for want of prosecution.
In her ruling, Justice Mutonyi dismissed the case, stating that neither the victim nor the school could be found. However, she advised the state to continue following up on the matter. While the dismissal of the case may be seen as a victory for the defense, it is important to note that the state may reopen the case if new evidence emerges.
