Security
guard tracked, caught for defiling a five year old girl.
A private guard
attached to Arafa Security Group took advantage of darkness to grab a
five-year-old girl and defile her. Mr Kaloli Walimbwa, 34, a resident of Mooni
village, Bungokho-Mutoto Subcounty in Mbale District was a good friend to the
victim’s father, Mr Moses Esera. The suspect and the victim are all residents of
the same area. He met the young girl at around 8pm as she was going to Mooni
Trading Centre for supper on August 17, 2014. Her mother operated a bar in the
trading centre. The victim’s elder sisters had left her behind alone. Before
the mother served supper, she realized one of the children was missing.
She interrogated
the girl’s elder sisters and they denied seeing her. After about four hours of
waiting, the girl arrived. Her father, Mr Esera, had rushed back home to check
on his daughter. He did not find her.
He went around
asking neighbors about the whereabouts of the girl, but they all denied
knowledge about her. The residents started gathering to find what next course
of action to take. There were diverse speculations on where the girl could be.
Others asked the father to go and report the matter to the Local Council
officials while others advised him to report the matter to police.
Some locals asked
their friends to start a door-to-door search. The father first reported the
disappearance of his daughter to the area Local Council chairperson. The
parents and residents started the search but it did not yield any fruit. After
hours of a fruitless search, the residents advised the parents to place announcements
on local radio stations in Mbale, informing the public about the disappearance of
the girl, but he ignored the advice because he did not have money. Residents who
had gathered at the home of the victim started hatching other plans to trace
the girl. Many blamed the parents for neglect. They wanted the parents to be arrested
as the search continued. The girl did not return. Panic reigned high. As they
were still mooting other option, Ms Justine Namuwenge, a resident of the
village, told them that she had seen Mr Walimba, the security guard, with the child
at around 8pm. It was a vital lead. The father of the victim picked his phone and
started calling Mr Walimbwa but the calls went unanswered. This prompted the
locals and the parents to raid Mr Walimbwa’s home. They were directed by Ms
Namuwenge who had seen him moving with the girl to his home. They found the
door locked from inside. One of the Local Council officials asked Walimbwa to
open, but he refused. They made an alarm which attracted more people at the
home. They called the local defense secretary to help them. They forced the
door open and found the girl holding her pants stained with blood. The victim’s
mother fainted and was rushed to Mbale Regional Referral Hospital. Upon hearing
the news, the locals charged at Walimbwa to lynch him but he was rescued by the
Local Council chairperson person who whisked him
away to his house before transferring him to Mbale Central Police Station.
Walimbwa pleaded for forgiveness.
The angry residents
also wanted to burn down his house in Magale village, Magale Sub-county in
Manafwa
District, about
50km from Mbale Town. They were blocked by police. The case was registered
under CRB
1781/2014. Since
the suspect was a regular customer in the girl’s mother’s bar, the victim used
to call him “uncle”. The following day, the then Mbale District Police
Commander, Mr Gerald Twishime, assigned Detective Corporal Suzan Suubi to handle
that case. Detective Suubi started her investigations with recording a
statement from the victim. The victim told him that Mr Walimbwa lured her with a
promise to buy for her mandazi (bread). The father of the victim also recorded a
statement at Mbale Police Station. This was not enough to pin the suspect who
had earlier denied any wrong doing. Detective Suubi decided to take the victim
to Mbale General Clinic for medical examination by police surgeon Dr Bernabas
Rubanza. In his report, Dr Rubanza confirmed the young girl had been defiled. The
report confirmed a freshly torn hymen. Dr Rubanza’s report also indicated there
was a white discharge in the girl’s private parts, suggestive presence of
semen. The surgeon also examined the suspect and both examinations confirmed sexual
contact between the victim and the suspect. Detective Suubi said after getting the
doctor’s report she started hunting for more evidence from the residents and
eyewitnesses. A team of detectives later visited the suspect’s home.
The detectives
interacted with neighbours too to get more information.
Detective Suubi
says the neighbours cooperated and gave police useful information regarding the
incident.
They narrated how
Walimbwa came with the girl and entered his house with her at night. Police
then recorded statements from them.
Charge
They received
enough evidence to pin the suspect. Mr Suubi now prepared a charge sheet for
aggravated defilement and submitted the file to the Director of Public
Prosecutions in Mbale for approval. The file was sanctioned and the suspect
produced in Mbale Chief Magistrate’s Court on September 3rd 2014, where he was
remanded, pending to be committed to the High Court for trial. Walimbwa was
committed to the
Mbale High Court on
September 23rd 2014. Prosecutor told court that Walimbwa had
committed the offence at his home on August 17, 2014 at Mooni village in
Bungokho-Mutoto. On January 16, 2015, Justice Gidudu convicted Walimbwa for
aggravated defilement and described his act as violent. The judge sentenced him
to 10 years in jail at Malukhu Prison.
Legally speaking
The offence of
aggravated defilement is provided for under section 129(3) of the penal code
act cap 120 as amended which criminalizes performing a sexual act on someone
below the age of 14, so what makes it aggravated is the fact that the victim is
below 14 years. If the victim was above 14 but below 18 it would simply be
defilement
Steps to be taken
1. Report
the suspect to the nearest police station so that he is arrested and record a
statement if you are well conversant with the facts
2. Take
the victim to the police station so that she is examined and also taken for
medical examination so as to get evidence of defilement
3. The
witnesses or people who have any information on the incident should also go and
record their statements
4. The
police will go ahead and carry out further investigation and draft a charge
sheet so that the accused is taken to court.
This
article is courtesy of The Daily Monitor and edited by Advocate Ricky Mudali
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