Africa-Press – Uganda. The High Court in Kampala has declined to hear a second application by a suspected child trafficker to ascertain his mental status.
Mr Carlos Alberto De Almedia Costa, a Portuguese national, wants the court to hear his application for a second opinion regarding his mental health that would determine whether he stands trial or not.
Prior to a court appearance on July 24, a psychiatric evaluation had been done by a psychiatrist, Dr Hillary Irimaso, at Murchison Bay Hospital Luzira, a Kampala suburb. The report said Mr Costa was mentally sound.
But his lawyers, Angualia Busiku & Co. Advocates, claim he does not seem to understand the proceedings and what was being communicated to him, including requests for him to avail names and contacts of his sureties.
“We welcome and respect the decision of the court. Our long interaction with the accused shows that he does not understand what is going on. We shall liaise with his family in Portugal and decide on the way forward after receipt of further instructions. As of now, it’s quite problematic to represent an accused person who is not understanding the process” Mr Daniel Angualia, one of the lawyers, told this publication yesterday.
In a ruling delivered on August 11, presiding judge Richard Wejuli Wabwire held that there was no reason to order a second psychiatric evaluation.
“I am not convinced that there is any justification for another mental health examination to be conducted on the accused person…this application… does not warrant the grant of orders or leave for a second examination to be carried out on the accused/applicant,” Justice Wejuli ruled.
He added: “In my view, a collapse in communication does not necessarily mean that an individual is mentally incapacitated. It may possibly be indicative of a language barrier….”
The judge agreed with chief state attorney Joseph Kyomuhendo, who objected to the application, saying it was not backed by any evidence.
The State accuses Mr Costa of aggravated trafficking, contrary to sections of the Prevention of Trafficking in Persons Act, 2009.
He allegedly committed the offences in 2020 at Busibante Zone, Kira Division, Wakiso District and is due to appear in court on August 29 for the commencement of his trial.
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