Police surgeon, psychiatrist disagree on Bagyenda’s mental status
Bagyenda (R) and his co-accused in court on Wednesday
A defence lawyer of Brian Bagyenda, who is accused of killing his 22-year-old girlfriend, Enid Twijukye on January 2016, on Wednesday presented his medical report in court to show that he was mentally unstable at the time he committed the offence.
Mr Nsubuga Mubiru was prompted by the testimony of prosecution witness Dr Santos Ojara, a police surgeon, who told court that he examined Bagyenda for 15—30 minutes and found his mental status normal.
Bagyenda, a pharmacist is jointly charged with Innocent Bainomugisha, a cleaner and Vincent Rwahwire, a casual labourer who were also found to be mentally stable.
“I found his metal status normal and by observation, Bagyenda was dressed well in clean clothes, neat hair, able to communicate correctly the particulars of where he worked, well oriented and was able to comprehend what he was saying,” Dr Ojara testified.
However, according to the medical report from Butabika Hospital, dated February 20, 2017, Dr Brian Mutamba, a psychiatrist said that he assessed and diagnosed Bagyenda with major depressive episode combined with suicidal and anxiety symptoms.
The medical report indicated that the prescribed treatment included antidepressant, anxiolytic medication and psychotherapy and Bagyenda showed a sign of improvement.
However, Dr Mutamba said, before he completed his medication, he left the hospital upon the request of his father, Col Kaka Bagyenda, the head of Internal Security Organisation.
In his report, Dr Mutamba also indicated that Bagyenda subsequently attended the outpatient clinic on November 11 and December 6, 2016 with medical records indicating some improvement in his mental health but did not attend any reviews of his health thereafter.
When Dr Ojara was asked by the defence lawyer the time he would take to make his conclusion, if he was told Bagyenda was suffering from depression, he said it would take between 20 minutes to 1 hour, although he carried out the examination for 15 - 30 minutes.
Dr Ojara, however, told court that depression is not a permanent condition and Bagyenda had gotten better despite him not completing his treatment for severe depression and suicidal anxieties.
In response, Mr Mubiru insisted that the medical report is incompetent since police failed to take Bagyenda to the right psychiatrist to examine his mental status and instead took him to a police surgeon.
"You cannot charge a mentally ill person. You should have referred him to a competent psychiatrist," Mr Nsubuga said.
Other prosecution witnesses were detectives; Ramathan Noa, Wassaja Kaloli, Johnbosco Rubanzabigwi and Festo Kukundakwe Busingye.
Justice Moses Kazibwe Kawumi adjourned the matter to Thursday for one of the suspects; Bainomugisha to tell court what happened after denying ownership of a statement that was presented in court.
Prosecution states that on January 4, 2016 at Njobe road, Nakawa division in Kampala district, Bagyenda together with his two accomplices with malice aforethought unlawfully caused the death of Twijukye.
