American couple in Uganda accused of torturing boy plead guilty to lesser charges
Nicholas Spencer and his wife Ms Mackenzie Leing Mathias Spencer standing in the dock at Buganda Road Chief Magistrate’s court, Kampala on February 21, 2023. PHOTO/JULIET KIGONGO
The High Court in Kampala has sentenced an American couple to a fine after being found guilty of torturing their 10-year-old foster son in Uganda.
Nicholas Scott Spencer was convicted of child neglect, unlawful stay in Uganda, employment without a work permit before he was sentenced to a fine of Shs1, 500,000.
His wife, Mackenzie Leing Mathias was sentenced to a fine of Shs3,360,000 after she was convicted on charges of cruel, inhumane or degrading treatment or punishment; unlawful stay in Uganda and employment without a work permit. She was asked to pay the money or be jailed for three years.
The couple was also ordered to pay the victim Shs100 million as compensation.
Justice Alice Komuhangi of the International Crimes Division of the High Court on Tuesday said that each of the convicts would be required to pay Shs50 million to their victim.
This was after they pleaded guilty to the charges under the plea bargain arrangement.
The money shall be deposited on the Office of the Directorate of Public Prosecution (ODPP) Asset Recovery Management Fund account in Bank of Uganda.
“…in the interim pending the appointment of a trustee who will manage these funds for the victim and given the circumstances of this victim who seems to have no family, in order to ensure that the funds are properly managed for the benefit of the child, I order that the Office of the DPP shall work with the public trustee who is the Administrator General at least within three months from date of this order to agree on how this money should be managed for the benefit of this child,” Justice Komuhangi ordered.
In the plea-bargain agreement, the DPP dropped the initial charges of aggravated trafficking in children and torture before amending the charge sheet to relatively lighter offences.
Prosecution led by Ms Lilian Omara had stated that Mackenzie between September 21, 2022 to December 2011 and Spencer, between November 30, 2022 to December 2022, unlawfully stayed in Uganda.
It is further alleged that around the same time, the two worked in Uganda without a permit or special pass contrary to Section 59(2)(a) of the Uganda Citizenship and Immigration Control Act CAP 66.
Court documents indicate that the victim was a pupil at Dawn Children’s Center- Special Children’s Trust WHO was living with the couple in Nagura Hill as his foster parents.
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