What you need to know:
- The Director of Public Prosecutions contends that the Portuguese national met the victim’s mother, Ms Joseline Twongirwe, who was selling tea by the roadside in 2020 within Najjera.
A court in Kampala has ruled that a Portuguese national has a case to answer for allegedly harbouring a 16-year-old girl and her entire family in a rented house in Najjera near Kampala for purposes of sexual exploitation.
In his pre-trial ruling issued on December 18, 2023, Justice Richard Wejuli Wabwire held that the evidence produced by the prosecution against Carlos Alberto De Almeida Costa warrants him to be tried before a panel of justices of the International Crimes Division of the High Court.
He faces two counts of aggravated trafficking in children.
“The court determines that the evidence presented by the prosecution during the pre-trial hearing, sufficiently substantiates the two counts of aggravated trafficking in persons as stipulated by Section 3 (1) (a) and 5 (a) of the Prevention of Trafficking in Persons Act against the accused. Consequently, the charges in both counts are confirmed against the accused, and the accused is hereby referred for trial before the designated trial panel,” ruled Justice Wabwire.
The Director of Public Prosecutions contends that the Portuguese national met the victim’s mother, Ms Joseline Twongirwe, who was selling tea by the roadside in 2020 within Najjera.
It is alleged that as their friendship flourished, Mr Carlos visited the small wooden house where Ms Twongirwe was staying with her family.
He allegedly suggested that he would get a bigger house such that their family would move in, and stay with him. Mr Carlos was then renting a two-bedroomed house and Ms Twongirwe’s family agreed to his request.
He later rented a three-bedroom house where he allegedly started sharing his room with the 16-year-old daughter of Ms Twongirwe.
“It alleged that the accused person (Mr Carlos) invited the victim to his room on several occasions and performed a sexual act on her,” court records state in part.
As time went by, court records show that Mr Carlos suggested marrying the victim with her parents advising him to wait until such a time when she clocks the consenting age of 18 years.
“… and when they refused because she is young, the accused threw them out of the house,” Court records show. The prosecution argued that despite Mr Carlos’ primary interest was their 16-year-old daughter whom he sexually exploited.
On the contrary, Mr Carlos’ lawyers argued that it was a voluntary decision for the victim’s family to move into his house, hence no coercion.
But Justice Wabwire held that since the accused confirmed to court to be the one paying the rent, such evidence pointed to the fact that he allowed or tolerated the victim’s presence in his room.
“These statements provide crucial details regarding the living arrangements and interactions between the accused and the victim, indicating a shared living space and instances of alleged sexual activity, as well as the victim’s attempts to seek help from her parents.” the judge observed in his ruling.
Adding: “From my perspective, these circumstances collectively constitute an act of either harboring or receiving a person. Therefore, I conclude that the prosecution has effectively demonstrated the presence of such actions in this case.”
