Mengo grade one Magistrate Joel Wagoye has acquitted Solomon Kaddu, who has been facing charges after he attacked Bishop Wilberforce Kityo Luwalira, during Easter Prayers at Namirembe Church in 2018.
In his judgement, the trial Magistrate noted that the defense was able to prove beyond reasonable doubt, that Kaddu at the time he committed the alleged offences, had mental problems.
He pointed out the evidence of one of Kaddu’s uncles who came to court with medical proof that Kaddu was suffering from mental illness since 1988.
The defence also told court that Kaddu was not trying to attack the Bishop but wanted to hand him a stick and a bark cloth which he inherited from his grandfather, because he thought they were the cause of his mental illness.
The Magistrate faulted the prosecution for failure to produce proof that Kaddu was fit to stand trial.
The prosecution had told court that Mr Kaddu arrived at the church alone in the car; left the engine running and entered church, passing Police officers at the check point.
According to prosecution, during his arrest, Kaddu was screaming loudly and speaking uncoordinated words.
This, the magistrate said was proof that he was mentally challenged.
“Such actions are not in line with ordinary human behaviour. Therefore, the defense evidence is consistent and believable. I find the accused not guilty of the acts charged because of insanity ”
Kaddu however, was sent back to Luzira Prison to await the minister of Justice to determine whether he is fit to mix freely with other members of society.
Section 112 of the Penal code states that an insane person is not liable to acts committed under such a mental state.