A Tanzanian woman who physically assaulted and stripped a fifteen-year-old Pretty Nicole, a Ugandan girl over a man, in an incident that gained widespread attention in January 2023 through a viral video, has been released by the High Court in Kampala.
The perpetrator, Kafta Queen, a student at Trinity College Nabweru, had been initially sentenced to three years in prison by Kira Court Chief Magistrate Roseline Nsenge after pleading guilty to aggravated torture.
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However, Kafta appealed the sentence, arguing that her conviction was flawed since she did not have legal representation during the trial, leading to a miscarriage of justice.
Justice Margaret Mutonyi, presiding over the appeal, agreed with Kafta’s lawyer, Zephaniah Zimbe, stating that the prosecution failed to present enough evidence to support the charges against Kafta of beating up Pretty Nicole.
The judge also pointed out that the trial magistrate did not adequately address Kafta’s right to legal representation, as guaranteed by the constitution and the Prevention and Prohibition of Torture Act, 2012.
Justice Mutonyi ruled that the trial was invalid due to these shortcomings and that ordering a retrial would not serve the interests of justice, especially considering the potential trauma it could cause the victim.
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The judge emphasized the importance of judicial officers being knowledgeable about the rights of the accused and set aside the conviction, sentence, and orders of the trial court, immediately releasing Kafta, unless she is being held on other lawful charges.
This ruling serves as a reminder of the significance of fair trial procedures and legal representation in such cases.