The Mwanga 2 Magistrate court has ruled that a one Herbert Solomon Kaddu accused of threatening to injure the Namirember diocese Bishop Kityo Luwalira Benin in 2018 is mentally ill and can not stand trial.
Today, grade one magistrate Joel Wegoye acquitted Kaddu if charges including threatening violence and disturbing religious assemblies when he unlawfully entered Namirembe Cathedral and tried to attack the Bishop.
The magistrate ruled that Kaddu is mentally ill and cannot be criminally liable of his insanity despite having threatened to attack Bishop Kityo Luwalira.
And as a result, the magistrate ordered that Kaddu can not go home but must be kept at Luzira prison as a criminal lunatic until the minister of justice issues an order to determine on whether he should be discharged or kept in a psychiatric home .
The magistrate has relied on section 117 of the magistrates Act that he siad bared him from passing sentence to such an accused .
He also relied on evidence from Butabika hospital psychiatrist Dr. Irene Apio who testified that she has been treating Kaddu for Bipolar disorder ; a condition Kaddu has suffered since 1998 during his primary Education .
In her testimony, Dr. Apiyo further testified that Kaddu gets episodes of excessive excitement, restlessness and irritation which makes him believe that he is a super being compared to others .
She also stated that Kaddu is still receiving treatment from Butabiika Hospital as an out-patient and medical documents of his condition were exhibited in court .
The Doctor however mentioned that Kaddu had stabilized but relapsed on 2014 when his family decided to treat him using traditional means after falsely believing that he had supernatural spirits that prevent him from becoming rich .
During hearing of the case, Kaddu ‘s family had told court and police that he was indeed insane but later two police reports disputed the claims on ground that Kaddu was mentally fit o stand trial .
But there evidence could not be relied on since the said police officers failed to testify in court.
Hearing of the case began in may 2018 and state was only able to able to present only one witnesses a church official who was among the persons who tackled Kaddu as he tried to attack the Bishop.
34 year old Herbet Solomon Kaddu a Tour and travel driver and a resident of Mackay Zone in Mengo Lubaga division was on the 4th of April charged with three counts of disturbing religious assemblies and denied the charges.
He is charged with threatening violence by intending to annoy or injure Bishop Luwalira and Rev. Canon Benon Kityo ; the dean of Namirembe Diocese.
Prosecution led Roselyn Kipora states that on 1st of April 2017 during an Easter service at Namirembe Cathedral, Kaddu while armed with a stick and a sack cloth , threatened to attack Bishop Luwalira amidst the congregation .
The Bishop is said to have been miraculously saved by a bar at the alter which trapped Kaddu causing him to fall down and later whisked off by worshipers.