The court heard that Asega had unlawful sexual intercourse with the two girls aged 9 and 12 years yet he was aware that he was HIV positive. This was on 3rd October 2010.
Prosecution told the fully parked court that after Asega having unlawful sexual intercourse with the two under-age girls, the accused threatened to kill them using panga if they reported what had happened to them. The minors nonetheless later informed their relatives.
He reportedly ambushed the two under-age girls who were returning from a nearby primary school and forced them into sex.
Prosecution presented more than ten witnesses including a doctor and police officers who investigated the case who all convinced court that Asega had actually committed the crime. Because of this prosecution prayed for a deterrant sentence against the accused since defilement is becoming a big problem in the society especially where the victims are always infected with HIV Aids.
Considering the evidence from the prosecution, the presiding judge justice Yasin Nyanzi relied on the advice of the court assessors who all sided with the prosecution that Asega was guilty.
But the accused was remorseful and asked for a lenient sentence because he was a first time offender, and had family responsibilities. He also added that he had already stayed in remand for two years and three months which he asked court to consider.
But the relatives of the defiled girls asked court to grant compensation for their children as their daughters are now living in pain and suffering because of the HIV infection.
Considering, the evidence and advice from the court assessors, Justice Yasin Nyanzi, sentenced Asega to serve 30 years in jail for the first count and another 30 years for the second count of defilement. He said since Asega was in jail he would serve the two sentences concurrently. He asked Asega to appeal the sentence within 14 days if he was not satisfied with the ruling.
This is the second record sentence in the on-going high court session in Arua where defilement is leading offence. The first to get a record sentence was Wadri Valer, a retired soldier from Logiri Sub County who was handed a 30 year sentence on Wednesday this week the same offence. The high court session resumes on Monday next week.