EXPLOSIVE! Okello’s Lawyer Claims He’s Mentally Unfit — ‘He Can’t Be Jailed!

Ajouté : 2026-05-05

[00:00:01]Mr. Okello.

[00:00:05]Good afternoon.

[00:00:07]Okay.

[00:00:24]I'm waiting for you, Mr. Kumbuga or Mr. Wello.

[00:00:32]Um we are going to have the lawyers uh submit to the court.

[00:00:37]They're summarizing their evidence and the law to the court. And uh so we may not need to interpret in the Luganda language.

[00:01:13]Uh thank you, my lord.

[00:01:18]Uh my lord, all of parties as before and it's time for submission.

[00:01:30]It's okay.

[00:01:40]Do you have an indication of how much time you will need?

[00:01:44]Do you have an indication? My lord, I don't have the indication how much time I need. Really? Yes, my lord. Okay, we shall Let's take it now. Okay. Mhm.

[00:01:56]Uh my lord, permit me to begin with the brief facts of this case.

[00:02:09]My lord, it's alleged that on the 2nd day April 2026 the accused before you participated in the murder of the infants at Gaba child child wood learning center Machinga district Machinga division Kampala district.

[00:02:43]It is further alleged that he was arrested at the scene of crime.

[00:02:53]Police swung into motion came at the scene took over inquiries and he was taken to Kawala Gaba police station.

[00:03:25]Inquiries were commenced.

[00:03:30]File sanctioned by an officer from DPP's office Machinga.

[00:03:46]He was committed subsequently after inquiries and this trial commenced on the 13th day of April 20 26.

[00:04:13]My lord, our submission it is right and common law that it is the prosecution to prove its case.

[00:04:32]Therefore, the burden of proof is on the prosecution to prove the case against the arraigned person in court.

[00:04:53]My lord, Article 28 3A states an accused person is innocent until proven guilty or until he pleads guilt.

[00:05:15]The accused before you, my lord, he entered a PNG before you.

[00:05:36]Hence, in the bid the prosecution to prove its case beyond reasonable doubt relied on 18 witnesses who were brought in court and thoroughly examined.

[00:06:13]The defense brought three witnesses.

[00:06:32]My lord, throughout the evidence of the prosecution plus defense evidence came to this court that the accused before you had issues of mental challenges.

[00:07:21]Would you kindly refer me to the witnesses that said that?

[00:07:27]My lord, I'm coming there.

[00:07:30]However, allow me quote the section, then I come to the witnesses. Please, go ahead. Much obliged, my lord.

[00:07:39]My lord, Section 11 of the Penal Code Act states, I quote in verbati, a person is not criminally responsible for any act or omission if at the time of doing the act or making the omission he or she is through any disease affecting his or her mind incapable of understanding what is doing or knowing what he or she ought not to do the the act or the omission but a person may criminally be responsible for any act or omission although his or her mind is affected by the disease of mind if the disease does not in fact produce upon him mind one or other of the effects mentioned in the section.

[00:09:13]Therefore, my lord, the conduct of the accused person and the mind must work together for one to be criminally responsible for his or her acts.

[00:09:50]My lord, it's on record that between the year >> that between the year 2016-2025 from PF24 the accused had episodes of mental illness.

[00:13:02]And the he had things like illusions.

[00:13:08]He tried to commit suicide.

[00:13:12]On the same PF24 that has ever killed another person related to him or participated in that death.

[00:13:29]His younger brother or his big brother PDW2 came to court and said he was ever in a mental facility, does he mean Butabika Hospital?

[00:13:47]My lord the doctor at IHK examined him as of 31st December 2025.

[00:14:02]And pronounced him normal.

[00:14:10]And many questions were put to him.

[00:14:14]And some of the questions he alluded to that a person with mental episodes they can occur at any time.

[00:14:30]Kindly repeat that. Haven't understood it. That a person with mental episodes mental illness episodes, they can occur at any time.

[00:14:41]First finish the sentence. Some questions were put to him. Many questions were put to him. Among others, the answer was that a person with mental illness or challenge >> That is during cross-examination. Yes, my lord.

[00:15:10]Those challenges can happen at any time in his life.

[00:15:18]No.

[00:15:21]My lord, upon arrest of on the 2nd day April 2026 he he was taken to a police surgeon.

[00:16:01]On the 7th day April 2026 and the first witness alluded the fact that at the time at the scene of crime he was breathing heavily.

[00:16:34]The first witness? No, no, no. PDW6.

[00:16:45]Uh maybe counsel, you may need to advise me whether you are conceding to the fact that he was at the scene.

[00:16:55]My lord >> conceding to that?

[00:16:57]I'm not yet conceding.

[00:16:59]Okay.

[00:17:05]PDW6 testified that he was breathing heavily. Yes.

[00:17:10]And the same PDW6 has no expertise to find out whether he had any health challenge.

[00:17:26]My lord, further evidence came to court from the accused himself that he was distressed.

[00:17:48]That he had started living on the street though adult but as a street kid.

[00:18:08]Whereas it came to this court that he had a rental house in Kyengera.

[00:18:23]It calls for investigations, my lord.

[00:18:27]That if a person abandons his home and goes to the street there must be a challenge.

[00:18:56]My lord further evidence came at the time of his arrest he had painkillers including diclofenac.

[00:19:13]And they were exhibited.

[00:19:23]When we cross-examined one of the witnesses he said that at the time of arrest he had those painkillers and that the previous day was in great pain.

[00:19:52]The information from the suspect.

[00:20:06]>> But I've noted that you say that DW2 also confirmed that he was in Kawempe.

[00:20:11]Yes, my lord.

[00:20:13]My lord, between 1st January 2026 and 7th April 2026, there is no medical opinion that came to court that this person medical opinion >> 1st January and 7th April 2026.

[00:20:48]The first examination to the other examination of PF24.

[00:20:52]>> Yes.

[00:20:53]There is no medical expert who came to court that during that period he was normal.

[00:21:19]My lord, it's on court record that in February 2026, he applied for citizenship of Uganda.

[00:21:44]My lord, during the cross-examination of the doctor from IHK, did PW12 A question was put to him and he answered that it is possible that Ministry of Internal Affairs might have denied him citizenship because of mental illness.

[00:22:31]And that his report The record?

[00:22:41]Just read it out to me.

[00:22:47]If I recall, I think you put a question to him whether it is not common or whether it is not a possibility that some people are denied citizenship.

[00:22:57]And for specifically that one, I don't remember it. My lord, >> Help me read the record, please.

[00:23:06]My lord, I pray that you write the record will be before you to to scrutinize this.

[00:23:12]>> No, I I don't want to write things that didn't happen here because that would be misleading.

[00:23:21]Okay, my lord, let me read my question verbatim. Okay.

[00:23:25]Will I be right according to your experience with people who are applying for citizenship in Uganda standing for that report?

[00:23:41]One of the reason the reasons is that those with mental challenges are not granted citizenship.

[00:23:51]My lord, this is the answer.

[00:23:54]It is possible.

[00:23:58]It is a possibility, my lord.

[00:24:01]Actually, that is exactly what happened, not what you're saying.

[00:24:06]My lord, >> Because what you're saying is that he could have been denied citizenship as a result of mental illness, but that's not what he said.

[00:24:17]You remember? That's not what he said.

[00:24:19]My lord, I pray you write what I've written.

[00:24:23]What I've I've read it to you.

[00:24:25]Okay, I want us to to be um professional enough so that we bring to the court what transpired in court.

[00:24:38]My lord, if you are to remember, I was not reading on the record. I was quoting for you.

[00:24:44]No, but you are quoting for me something that is not accurate. That is my concern.

[00:24:49]My lord, let's continue.

[00:24:51]>> one is that he said it is possible that somebody could have been denied, not that this particular person had been denied because of mental illness.

[00:25:02]Kindly, my lord, write what I'm reading.

[00:25:06]It is okay. Much obliged, my lord. This what he he answered.

[00:25:12]It is a possibility, my lord. Okay.

[00:25:35]Let's proceed, please. My lord, if it is so, the question is nobody here has knowledge as to whether on the 2nd day April 2026, he was normal or not.

[00:26:12]My lord, according to the law or authorities, if there is any guesswork and contradiction, those contradictions are resolved in the favor of the accused person.

[00:26:30]There is guesswork? Guesswork or contradiction.

[00:26:41]Now, my lord, this court is left to guesswork as to his mental status on the 2nd day or that day.

[00:26:51]>> You You picked section 11 and you did not pick sec- section 10 of the Penal Code Act.

[00:26:59]My lord, I read it verbatim. No, I mean section 10 of the Penal Code Act.

[00:27:09]Yes, my lord, this is what I read. You read section 11. I read section 11.

[00:27:14]>> You read section 10.

[00:27:18]Because section 11 arises out 10.

[00:27:23]My lord, you advised we come here for submissions.

[00:27:28]I did not carry all the laws.

[00:27:32]It was not adjourned.

[00:27:34]It is that It is okay, Mr. Kamba, let's proceed. Yes, my lord.

[00:27:49]My lord, another factor to consider is sickle cell.

[00:28:03]One of the doctors said is a risk factor.

[00:28:17]And that the such patients the painkillers alone they go through can lead to mental illness.

[00:28:36]Killers, they go through the pain they go through They go through as and the medication they take.

[00:28:42]>> And the medication they take.

[00:29:03]My lord, that is on page 147.

[00:29:10]And that is PW12.

[00:29:26]My lord, in Uganda, according to section 11, it's established that if a person is incapable of understanding their acts due to disease of the mind at the time of the offense, cases involve strict psychiatric evaluation often resulting into special verdicts of not guilty by reason of insanity.

[00:30:09]My lord, this was alluded to in Uganda versus Kantinti Joel Criminal Session number 87.

[00:30:39]Criminal?

[00:30:40]Criminal Session 87 of 2025.

[00:30:46]2025?

[00:30:49]You have a copy?

[00:30:50]>> Yes, my lord. You have a copy?

[00:30:52]My lord, I do not have a copy here.

[00:30:54]>> shall We shall find it. We shall find it on I pray you find it on internet. Okay, I will.

[00:31:03]The court held that that the prosecution proved the offense of aggravated defilement.

[00:31:20]The victim The victim of the offense was 14 years.

[00:31:34]Sexual act by the accused.

[00:31:38]The accused was identified at the scene of crime.

[00:31:50]However, based on psychiatric evidence, the court was satisfied that the accused was mentally ill.