The Directorate of Public Prosecution on 6th March abandoned trial of a woman accused of burning Aisha Nabukeera, reportedly for lack of incriminating evidence.
Ms Damalie Lwanga, the assistant DPP, instructed police on October 31, 2007 to close investigations on grounds that the principal complainant in the case, Ms Sofia Nakandi, who is Nabukeera’s mother, made contradicting statements to police in Masaka District.
The DPP’s letter authorising the closure of Nabukeera’s case due to insufficient evidence for the prosecution to secure conviction of the victim’s stepmother Ms Safina Ndagire, accused of inflicting grievous bodily harm on the young girl.
Ms Nabukeera, allegedly ordered by her stepmother to wear a dress doused in petrol, burned in 2006 as she struck a matchbox to light a candle. Three years running now, the grieving little girl is yet to get justice.
The case of the girl, allegedly abandoned by the father Mr Ahmed Matovu, stirred national outrage after newspapers published the chilling account of her burning that activists said was an offence beyond child abuse.
The DPP, however, said the incident, which occurred on February 6, 2006 was reported to police five months later on July 3, 2006 and only after the complainant failed to get financial assistance from her estranged husband.
Ms Lwanga wrote: “At that time, her (Nabukeera mum’s) complaint was that it was negligent of the suspect to have asked the victim to light the candle.
However, two months later – in September 2006 – she modified her statement with new evidence to the effect that the victim had told her that on the material date, the suspect had forced her to dress in a red Sharia dress which was smelling paraffin immediately before ordering her to light the candle.”
Ms Nakandi initially took her estranged husband Mr Matovu to court after he allegedly refused to meet Nabukeera’s treatment costs.
In the amended statement, Nabukeera’s mother said she feared to disclose the complicity of her co-wife in burning Nabukeera to avoid offending Mr Matovu, and closing any help that he may have intended to extend.
The DPP said the statement is “unbelievable” and investigations into the case can only be restarted when fresh incontrovertible evidence emerges. Prosecution also says Nabukeera failed to give a coherent account in her four separate statements made in July, August, September and November of 2006; where she first gave the impression the fire incident was an accident before changing to implicate her stepmother. Other witnesses, among them, Mr Igga Issa, Haji Jamiru Binaisa, Nanganzi Swaliat, Ms Naiga Hawa, Ms Gorretti Kyoto and Nazifar Naligo apparently disapproved of Nabukeera’s testimony.
However, African Network for Prevention and Protection Against Child Abuse (ANPPCAN) Communications Officer, Mr Joshua Lubandi said,” It is very unfortunate that this case cannot proceed.
We blame the police for failing to do their work. The police in Masaka was involved in the manipulation of Nabukeera’s case right from the beginning. The police and some of the community members kept threatening Nabukeera’s mother, telling her to drop the case,”
Mr Lubandi said the Police did not carry out the investigations on time and that when they attempted to do so, they did not do a thorough job, an issue that prompted the Inspector General of Police, Maj. Gen Kale Kayihura to order for fresh investigations. He said Gen. Kayihura should do something to ensure that children are protected from violence. “When it comes to children’s issues, police doesn’t care.
This has not happened to Nabukeera alone but it has been a common trend,” Mr Lubandi said. He said it should be the responsibility of the police and community to protect children from harm. The investigations into the case started in 2006 after the Masaka Court Chief Magistrate, Mr Nda Batema demanded that police carry out an investigation to establish the cause of the burns before hearing the case of child neglect.
The police apparently failed to make headway, prompting Nabukeera to approach the Uganda Human Rights Commission for redress. Maj. Gen. Kale Kayihura was later to order fresh inquiries into the case, which is now officially dead with the latest DPP decision.
Mr Frank Gashumba, currently taking care of Nabukeera, expressed displeasure with the decision of the DPP since “The efforts to save Nabukeera and enable her get justice would benefit many other children facing similar predicament.” Nabukeera, who obtained aggregate 14 in the 2008 Primary Leaving Examinations, has been enrolled in Senior One on a bursary offered by St Lawrence Schools and Colleges.
She is yet to travel abroad for the planned skin grafting. Nabukeera’s lawyer, Mr Godfrey Lwalinda said it was not proper for the DDP to drop the case yet there was sufficient evidence that the incident was not merely an accident but something which was planned. He insists that there was sufficient evidence to pin Nabukeera’s stepmother.
He said the case would have been handed over to the court as investigations continue.
Mr Lwalinda however says that since the DDP has the powers to order for prosecution or stop it there is nothing much they can do right now.
