BY JENNIFER KUSAPA
A retired female police officer will be sentenced after the court convicted her of one count of indecent assault and one count of consumption of liquor in a vehicle.
This is the case against Lily Dagi who is charged for offences that occurred at Lata in 2018.
She denied the charges and a trial was conducted on her case.
The case occurred between 1st September 2018 and 31st October 2018 after a graduation ceremony at Luesalemba Secondary School, the victim is a public officer.
The victim and others, including the defendant were sitting outside the house of a man located some distance from the school.
While they were outside, the victim, who has been drinking from the previous day, fell asleep on the ground.
“Others who were present with the defendant left the area after, leaving the victim, the defendant and two others alone.
While the victim was sleeping facing upwards, the defendant moved over to him, pulled up her skirt and sat on top of his groin or genital area. She then deliberately moved her buttock in a sexual motion while she was on top of him.
This, according to the prosecution’s view was done without the consent of the victim and amounted to an offence of indecent act.
Magistrate Aulanga when convicting Ms Dagi said the evidence established that the defendant had performed the immoral act on the victim (who was asleep) without his consent.
The fact that it was done without his consent means it is subjected to a crime, herein, the crime of indecent act.
The absence of procuring his consent means the conduct exerted was capable of producing harm (whether mental or emotional injury) on the victim as a result of infringing or violating his fundamental rights as a person.
The fact that the indecent act was performed on him without his consent is what matters for the prosecution into the case.
Therefore, after assessing the evidence the court has satisfied beyond reasonable doubt and convicted Ms Dagi of the offence.
Regarding the consumption of liquor in a vehicle, Magistrate Aulanga also convicted Ms Dagi.
Aulanga said based on the witnesses’ evidence in court during the trial he is satisfied that the defendant was drinking alcohol in the motor vehicle during the material time.
“The prosecution has therefore proved this element beyond reasonable doubt and so, is the finding of the court reached herein”, Aulanga said.