Lawyer of jailed US couple wants quick probe into torture of 10-year-old allegations

American couple, Nicholas Spencer (R) and his wife, Mackenzie Leigh (L), both 32, stand in the dock at Buganda road court charged with torturing ten-year-old John Kayima under their foster care in addittion to aggravated child trafficking, in Kampala, February 2, 2023. PHOTO / AFP

What you need to know:

  • Mr Nicholas Spencer and his wife Mackenzie Leing Mathias Spencer yesterday appeared before Buganda Road Chief Magistrate, Ms Sarah Tusiime Bashaija, for the mention of their case.

The defence lawyer for the jailed American couple accused of aggravated human trafficking and aggravated torture of a 10-year-old is demanding to know the specific areas still being investigated in their case.

Mr Nicholas Spencer and his wife Mackenzie Leing Mathias Spencer yesterday appeared before Buganda Road Chief Magistrate, Ms Sarah Tusiime Bashaija, for the mention of their case.
Through their lawyer, Mr David Mpanga, the couple demanded to know how far the state has gone with its inquiries after spending close to two months in prison.
“Your honour, we wish to know the specific status of the case. The state should tell the court how much they have achieved in their investigations,” Mr Mpanga said.

However, in her response, the chief state prosecutor, Ms Joan Keko, who asked for an adjournment citing that investigations are still incomplete, told court that she was sceptical to tell the stage at which the investigations are at, saying all will be included in their evidence while committing the couple to High Court for trial.
Ms Keko further informed the court that police and the state are still within their mandatory six months’  period to wind up with the investigations.
Chief magistrate Tusiime concurred with the state’s submission and adjourned the matter to February 21 for further mention.
It is alleged that the couple committed an act of aggravated human trafficking in children contrary to section 3(1) and 5(a) of the Prevention of Trafficking in Persons Act, 2009, whose punishment upon conviction is death.

Background 

Prosecution alleged that the couple, between December 2020 and December 2012 at Naguru in Kampala District, recruited, transported and maintained the 10-year-old child. 
It is further alleged that the couple also committed an act of aggravated torture against the minor, contrary to the Prevention and Prohibition of Torture Act, 2012, whose punishment upon conviction is life imprisonment.
According to the caregiver of the boy in question, who preferred to speak on condition of anonymity,  she reported the case to Kiira Police Station after she noticed the deteriorating condition of the minor.