KAMPALA– Brain Bagyenda, has failed to strike a plea- bargain deal with the state.
This comes after the state failed to avail a psychiatrist report from Butabika hospital revealing his mental status of the son to ISO Director College. Kaka Bagyenda.
Highcourt judge Anthony Ojok Ayu had given both the state and Bagyenda’s lawyer Nsubuga Mubiru a period of one week to negotiate on the appropriate sentence for the accused but the state told court that the negotiations had failed.
However, Mr Mubiru trashed the state’s submissions of the failed negotiations saying that the psychiatrist report is very vital in the whole process and in its absence, the plea bargain cannot proceed.
“The accused (Bayyenda) suffers from a mental disability and before the commitment of the offence he was a patient at Butabika Hospital. We wrote to the Director of Public Prosecutions (DPP) as early as September asking for the report from Butabika Hospital but it has never been availed to us,” Mr Nsubuga said.
Last year in February, Bagyenda, a Pharmacist together with Bainomugisha Innocent; a cleaner and Vincent Rwahwire a casual labourer who are all residents of Kimwanyi zone in Luzira Nakawa Division, were arraigned before Nakawa court and charged with the murder of Twijukye; a 22year old former student of Ndejje University.
Prosecution says the trio committed the offence at Njobe road in Luzira Nakawa Division at the home of Brian Bagyenda before dumping Twijukye’s body in Namanve forest where it was later recovered by police.
Justice Ayu adjourned the case to next year on January 14, he has now ordered prosecution to avail defence lawyers with all evidence they intend to rely on during the hearing and negotiations can go until January 14, 2019, when the case comes back.
Meanwhile, the other 2 Bagyenda’s co-suspects have informed court that they are not interested in plea-bargain.