Masiga: Insanity defence should not apply in Ggaba kindergarten murder

By Steven Masiga

The Ugandan law, including international law, imputes innocence of all accused persons in criminal matters until the contrary is proved. Article 28(3)(a) of the Ugandan Constitution and Article 66(1)(2)(3) of the ICC Statute have the same message as far as the innocence of accused persons is concerned.

This is premised on the fact that an accused person is presumed to be a person of good character until the contrary is proven, but it is also to ensure a fair trial, allowing the state to bear the burden of its claim.

It is a long-held maxim in criminal law that accused persons can clutch on a defence in an attempt to escape from liability. Notable defences available include both statutory and judicial defences, while others are procedural defences in nature.

For example, an accused person can cling on insanity as a defence, where the accused claims that he was suffering from some mental condition during the commission of the crime and thus could not mentally restrain himself or understand and evaluate the consequences of his actions.

An analysis of the kindergarten Ggaba killings indicates that the accused cannot rely on the defence of insanity, firstly because his conduct is suspicious and premeditated. He is the very man who made an ingress into the school requesting school administrators to enrol his child, and the following day he comes back ready to clear the relevant school provisions. This certainly cannot be acts of a mad person.

Worse still is the area of the body of the deceased targeted, which raises further eyebrows, and the procurement of lethal weapons like knives eliminates any form of mental element as a defense to clutch on. In the interim, maximum punishment envisaged by the law should be administered.

In criminology and penology, focus shifts quickly to the conduct of the accused before commission of the offence. There is now overwhelming ocular and circumstantial evidence that suggests that the conduct of the accused before, during commission, and after commission of the crime does not portray the conduct of a mad man.

School administrators should be on the lookout and ensure that children are reasonably protected from suspicious individuals.

I am in agreement with many interlocutors that certain crimes which are committed in broad day, the death punishment should be re-examined. Death penalty for such broad day murders should be reintroduced.

Steven Masiga is a scholar of laws and spokesperson for the Bugisu Cultural Institution.