American couple on remand over torture seeks bail

An American couple that has been on remand at Luzira prison since late last year, is seeking the intervention of the High Court to release them on bail.

The couple; Mr Nicholas Spencer and Ms Mackenzie Leing Mathias Spencer that is facing charges of aggravated trafficking and aggravated torture of a 10-year-old, has listed eight grounds for consideration for their release.

The couple states that they are responsible citizens of the United States of America with good character who until their arrest resided at Apartment 304 Plot 29 Ntinda View Crescent in Kampala District.

Through their lawyers of AF Mpanga Advocates, the couple further noted that they have serious pre-existing medical conditions that require management outside the confines of a prison, not a threat to any investigation, offences against them are bailable and still enjoy the presumption of innocence.

In support of their application, in her affidavit, Ms Mackenzie (32) a consultant with New Frontiers Technology Consult Ltd noted that she has been married to her husband since 2013.

“That at the age of 16, I was diagnosed with Ehlers-Danlos Syndrome an inherited disorder that affects connective tissues in the body especially joints, skin and blood vessel walls,” reads in part her affidavit.

Adding: “That owing to this disease, I do not and cannot have biological children of my own. The nature of the disease is such that having biological children is overly risky to the mother owing to the high possibility of rupture of blood vessels and organs such as the uterus and intestines.” 

Ms Mackenzie who has undergone nine surgeries and the last being in 2021 for purposes of routinely stabilising parts of her body, states that she lives in constant pain and thus cannot be adequately managed in custody and that she is already having difficulty in receiving pain management medication.

Court documents indicate that the couple moved to Uganda in early 2017 for the purposes of fostering children with the intent of adopting them through Carolina Adoption Services and Wasatch International Adoptions both accredited and ethical adoption agencies in the United States which connected them with children’s home called Welcome Home Ministries thus fostering three children.

According to the documents, the couple fostered the three children through a lawful process under the auspices of the Ministry of Gender Labor and Social Development and court supervision.

“That the said children remained in our foster and physical care until our arrest and since then their whereabouts are unknown to us and during the time we have fostered them, we have provided to each one of them together as a family all the necessities of life,” the bail application reads in part.

Ms Mackenzie further states that one of their foster children has a complex psychiatric disorder diagnosed by a clinical psychologist which causes him to engage in disruptive severe behaviour including self-harm and causing physical harm to others.

“That our struggle at managing the disruptive and harmful behaviour of this child is at the centre of the misunderstanding which led to the allegations we face in this case,” she stated in her affidavit.

The prosecution alleges that the couple between December 2020 and December 2012 at Naguru in Kampala district recruited, transported and maintained the 10-year-old whose name is withheld because he is a minor, by means of the position of vulnerability for purposes of exploitation.

It is further alleged that the couple also committed an act of aggravated torture charges contrary to the Prevention and Prohibition of Torture Act 2012 against the minor whose punishment upon conviction is life imprisonment.

Court has fixed March 9 for the hearing of their bail application.

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