The office of the Director of Public Prosecution (DPP) has been ordered by the High Court to produce a 10-year-old child who was reportedly subjected to torture by an American couple.

Nicholas and Mackenzie Spencer, were arrested in December 2022, following a report from the nanny of the child from an institution for disabled children. The nurse had reported “repeated inhuman and inappropriate treatment.”

The order was issued on October 30, 2023, by Lady Justice Alice Komuhangi Khaukha who stated that, before endorsing a plea deal agreement signed by the suspects, as well as the DPP’s office, the court wants to evaluate the child and determine his condition.

On October 30, 2023 the couple submitted before the court an agreement in which they agreed that they plead guilty to an amended charge sheet of cruel, inhuman, degrading treatment or punishment and the husband’s child neglect.

However, the judge couldn’t endorse it in the absence of the child who was taken to a foster home by police in the course of investigations.

Komuhangi gave the prosecution, led by State Attorney Lillian Omar, instructions to ensure that, the child appears in court this Tuesday. David Mpanga, the accused’s lawyer, did not oppose to the prosecutor’s submissions.

He informed the court that, by choosing a plea deal, he had skilfully communicated to his clients what it meant to give up their constitutional rights.

The couple allegedly constantly tortured the foster child between 2020 and 2022, which attracted the attention of neighbors in Naguru who notified Kampala Metropolitan Police.

The couple, who were originally from South Carolina arrived to Uganda in 2017 as volunteers, according to the police in 2022, and they have been there ever since without a visa. The duo is also accused of having fostered three children from Jinja City’s Welcome Ministry, including the youngster they are accused of torturing.

The couple then joined a private company and moved to Upper Naguru, a neighborhood in Kampala.