Teacher charged with student’s torture, leading to death

KAGERA: AS cases of violence against children continue to escalate in the country, a resident of Karagwe District has been arraigned in court for allegedly torturing a Form Three student at Kanoni Secondary School, which led to the student’s untimely death.

Kagera Regional Police Commander (RPC) Senior Assistant Commissioner of Police (SACP), confirmed that Adrian Tinchwa, a teacher at Kanoni Primary School with the student in the same locality, was brought before the Karagwe District Magistrate’s Court on Monday.

“It is true that a suspect, Adrian Tinchwa, has been arraigned for allegedly torturing a Form Three student at Kanoni Secondary School, resulting in his untimely death,” he stated.

The deceased has been identified as Phases Buberwa Rubanga, a 17-year-old student at Kanoni Secondary School. Investigations revealed that the incident occurred on September 18 of this year.

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This incident marks the second time a teacher has been charged with student torture. On February 16 of last year, the High Court confirmed the murder charge against a former teacher at Kibeta Primary School in Bukoba Municipal Council, sentencing him to death by hanging.

Respicius Mutazangira, 51 was convicted of murder by Judge Lameck Mlacha, though he filed Criminal Appeal No. 70 of 2019 to the Court of Appeal.

During the murder case hearing, it was revealed that Mutazangira had murdered Sperius Eradius, a Standard Five pupil, on August 27, 2018.

The Court of Appeal found that the Assessors had not been properly addressed, depriving them of their right to express their opinions under Section 298(1) of the Criminal Procedure Act (CPA).

Consequently, the court nullified the proceedings, quashed the judgment and conviction, and ordered a retrial. During the retrial under Criminal Sessions Case No. 56 of 2019, the prosecution, led by Senior State Attorney Ms Judith Mwakyusa and State Attorney Yusuf Mapera, presented a total of seven witnesses to support the murder charge.

The accused, Mutazangira, was represented by Advocates Projestus Mulokozi and Dastan Mjaki but defended himself under oath, choosing not to call witnesses or submit documents for his defence.

Judge Monica Otaru noted that all three elements necessary to prove the offence of murder had been established: whether the deceased died from unnatural causes, whether the death resulted from an unlawful act or omission by the accused and whether malice aforethought was present.