On Friday High Court Judge Margaret Mutonyi ordered the release of Queen Kaftan who was sentenced to three years imprisonment after pleading guilty of the Aggravated torture of Pretty Nicole.
Queen Kafta in Court cells early this year. (Courtesy photo)
On releasing Kaftan, the judge agreed with the appellant’s counsel that the learned Kira Chief Magistrate Her Worship Nsenge Roseline erred in law when she convicted Kaftan without due legal representation leading to a miscarriage of justice.
“In the instant case, the learned Chief Magistrate failed completely to address her mind to the constitutional right of a fair trial to the accused. Her good judgment was clouded with emotions which caused her to lean towards meting out punishment and completely ignoring the strict and mandatory legal provisions
pertaining to legal representation in this case.”
Justice Mutonyi noticed that she perused the whole records of procedures that were presented before her and she didn’t find any statement when the trial Magistrate is explaining to Kaftan the right to have legal representation.
That court also observed that on page 5 after the Appellant on her own mitigated submitted in mitigation of her sentence, the court decided to stand over the matter to hear from the victim as per the sentencing guidelines which was within the law in the absence of the appellant.
“An accused person has a right to be present in court throughout the trial unless his conduct is contemptuous which not the case herein was. Much as the trial Chief Magistrate was right to consult the victim on camera in her chambers, the accused had a constitutional right to be present in chambers. She had a right to hear what the victim said in chambers.”
The high court also faulted the learned trial Magistrate commented on the victim in very unkind words mentioning
her name which was erroneous because victims involved in sexual promiscuity
when young should not have their names published.
“In view of the above Section and, having found that the entire trial was invalid I have considered the whole case in totality and hold that ordering for a retrial would not meet the ends of justice. It would further traumatize the victim who must have since moved on.”
Justice Mutonyi therefore allowed the appeal of the conviction and the sentence was set aside as she ordered for the release of the appellant from Custody unless held over other lawful charges.
The state was advised that its free to appeal against this decision if it is not satisfied within the statutory time.
Background
Queen Kaftah appeared in a viral video clip battering a colleague Pretty Nicole around 09th January 2023, Kaftah was doing the act in conjunction with her colleagues who were torturing the little one over a man.
By 10th January 2023, Queen Kaftah had already been arrested, and on Tuesday 17th January 2023 was arraigned before Kira Magistrate’s Court in Kampala and charged with aggregated torture and inflicting bodily harm on her 15-year-old friend Pretty Nicole.
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