Medical report delays verdict on Kaka’s son

Kampala. The absence of a medical report from Butabika Mental Rehabilitation Hospital has delayed the plea bargain process between Brian Bagyenda, who confessed to killing his girlfriend, and the prosecution.
Plea bargain is a justice system where an accused admits the alleged offence and negotiates with the prosecution for a lenient sentence on conviction.
It saves material resources and time the prosecution and court would have spent on gathering and evaluating evidence during the trial.
Mr Bagyenda’s case came up yesterday before Justice Anthony Ojok Ayu of the High Court for both the prosecution and defence to inform court about the outcome of their plea bargain negotiations on the sentence.
The prosecution submitted that the negotiations had failed.
However, Mr Bagyenda’s lawyers refuted the claim and explained that they needed a psychiatrist report from Butabika hospital to guide them during the negotiations.
“It is not true that the plea bargain failed. My lord, if you allow me to take you through this case, the accused (Bagyenda) suffers from a mental disability and before commitment of the offence he was a patient at Butabika hospital,” defence lawyer Nsubuga Mubiru submitted.

Seeking for mental status
Mr Mubiru said the medical findings on Mr Bagyenda’s mental status would guide them in the plea bargain negotiations with the prosecution.
“We wrote to the Director of Public Prosecutions (DPP) as early as September asking for the psychiatrist report from Butabika hospital but it has never been availed to us. This report is vital and in its absence the plea bargain cannot proceed,” he said.
He requested court to order the prosecution to avail the defence lawyers with the report.
In response to Mr Mubiru’s concern, the State prosecutor, Mr Joseph Kyomuhendo, told court that Mr Bagyenda was examined on police form PF24 and a copy was availed but if the defence insisted on having the report, they should get it themselves since it supports their case.
Mr Bagyenda appeared together with his two co-accused Innocent Bainomugisha (24), a cleaner and Vincent Rwahwire (28), a casual labourer.
The prosecution states that on January 4, 2017 at Njobe Road in Nakawa Division, Kampala, Mr Bagyenda with his two accomplices, with malice aforethought, murdered his girlfriend Edith Twijukye.
Justice Ayu adjourned the case to January 14 and ordered prosecution to avail defence all the evidence they intend to rely on. He said plea bargain negotiations can continue until the case comes up again.