Africa-Press – Uganda. The High Court in Jinja has sentenced a man to 40 years in prison for killing his wife who was five months pregnant with their child.
Court heard that September 20, 2016 at Muguluka Village, Buwenge Sub County in Jinja District, Thomas Mpaulo, murdered his wife Rachael Babirye following domestic violence, contrary to section 188 and 189 of the penal code act.
Jinja High court judge Dr Winfred Nabisinde based on the evidence produced by prosecution to convict Mpaulo who was 37 years-old by the time he pleaded not guilty to the offences.
Evidence included that from then Kamuli District Health Officer (DHO) Dr Aggrey Batesaaki who availed a postmortem report.
Dr Batesaaki told Court that the deceased had various injuries inflicted on her body, including teeth marks, that indicated that she was first assaulted before she was strangled.
Dr Batesaaki’s evidence also ruled out Mpaulo’s claim that his wife committed suicide since her body was found hanging on a jackfruit tree. Instead, court held that this was done in disguise by the accused in attempts to kill evidence.
Court also heard that after Mpaulo hanged the body on a jackfruit tree, he joined a team of residents who were searching for the body but after a long search, Mpaulo advised them to also check on a jackfruit tree in a sugarcane plantation where the body was found.
This led court to a conclusion that Mpaulo was around by the time of the incident as opposed to his revelation that he was at the saloon by the time of the death.
More eveidence
Justice Nabisinde also based on photo evidence which suggested that the suspect had no time to organize their house with things like pieces of broken mirrors found on the floor in the aftermath of the murder.
Justice Nabisinde observed that the convict always assaulted his wives and the deceased was the seventh facing his wrath.
In pinning the convict, court maintained that no intruder was seen at the site despite the fact that Mpaulo reported a case of a missing wife to police.
State Prosecutor Shallotte Kamusiime urged a harsh deterrent punishment for the convict in the Busoga sub region where domestic violence is rampant.
“Two lives were lost including an unborn baby. A tough punishment will also send a signal to the entire community,’’ she said.
Mpaulo appealed for a lighter sentence saying: “I’m remorseful and regret the incident but I have a serious responsibility to take care of my ten young children.”
Delivering her ruling, the justice noted that: “The deceased was in a delicate state of her life because of the pregnancy and she couldn’t defend herself. Mpaulo acted brutally when he ended his life. He went ahead to hide the evidence by hanging the body.’’
Justice Dr Nabisinde clarified on the ruling pointing out why it was not a death sentence.
“Since he has no criminal record, 40 years will be justifiable. Also, taking into account the age of the convict who has a right to appeal in 14 days,’’ she remarked on August 22, 2023.
With a deduction of his 8 years already spent on remand, Mpaulo will now only serve the remaining 32 years.
According to 2013 survey by the Interreligious Council of Uganda, Busoga sub region tops the country in gender abuse.
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