By Steven Masiga
Ugandan law, as well as international law, presumes all accused persons innocent in criminal matters until proven guilty. Article 28(3)(a) of the Ugandan Constitution and Article 66(1), (2), and (3) of the ICC Statute affirm this principle.
It is premised on the understanding that an accused person is presumed to be of good character until the contrary is proven, while also ensuring a fair trial in which the State bears the burden of proof.
It is a long-held maxim in criminal law that accused persons may rely on various defences in an attempt to escape liability. These include both statutory and judicial defences, as well as procedural ones. One such defence is insanity, where an accused claims that they were suffering from a mental condition at the time of committing the offence, and therefore could not control their actions or understand the consequences.
However, an analysis of the Ggaba kindergarten killings suggests that the accused may not successfully rely on the defence of insanity. Firstly, the conduct in question appears suspicious and premeditated. Reports indicate that the suspect initially visited the school under the pretext of seeking admission for a child, only to return the following day and carry out the attack. Such actions suggest planning and intention, which are generally inconsistent with claims of insanity.
Furthermore, the nature of the attack, including the targeted harm and the apparent procurement of lethal weapons such as knives, raises serious questions about the applicability of an insanity defence. These elements may point toward deliberate conduct rather than a lack of mental capacity.
In criminology and penology, significant attention is given to the behaviour of an accused person before, during, and after the commission of an offence. In this case, available evidence, both ocular and circumstantial, may indicate a pattern of behaviour that does not align with that of a person suffering from a mental incapacity sufficient to meet the legal threshold for insanity.
Nevertheless, it is important that the matter be handled strictly within the confines of the law, ensuring due process and a fair trial. If found guilty, the appropriate punishment provided for under the law should be applied.
There is also a broader concern regarding public safety. School administrators are urged to remain vigilant and ensure that children are adequately protected from suspicious individuals.
Finally, the incident has reignited debate among sections of the public on whether the death penalty should be reconsidered for particularly grave crimes committed in broad daylight. This remains a matter for legal and policy discussion within the appropriate frameworks.
Steven Masiga is a scholar of law and spokesperson of the Bugisu Cultural Institution.
