The Chief Justice, Hon. Justice Alfonse Chigamoy Owiny - Dollo speaking at the opening of the Plea Bargain Session in Gulu
The Chief Justice, Hon. Justice Alfonse Chigamoy Owiny - Dollo, called for the disposition of all pending plea-bargaining cases in the Gulu and Lira High Court circuits during the ongoing Plea Bargaining Prison Camp. "I call upon all the Chief Magistrates and Magistrates Grade One in the Lango and Acholi sub-region to expedite the management and disposal of all pending plea bargain cases so that through the respective Circuit heads, we shall be able to receive a consolidated report for the week," he said.
He made these remarks on Monday June20, 2022, while presiding over the opening of the Plea Bargaining Camp at Gulu Main Prison grounds which is targeting Acholi and Lango sub-regions.
Gulu Resident Judge, Hon. Justice Alex Ajiji Mackay and the Plea Bargaining Focal Judge, Hon. Lady Justice Jane Okuo will be handling the capital cases while Magistrates from Gulu and Lira High Court circuits will handle the petty offences. At the time of filing this report, more than 500 cases had been cause-listed for the Camp.
Mr Milton Tiyo, the Ag. Director of Correction Services at Uganda Prison Services (UPS), who represented the Commissioner General UPS reported that the Gulu main prison has 1,365 inmates with (1,244 men and 121 women). Out of the 1,244 men, only 425 are convicts while 819 are remandees.
He commended the Judiciary for the Camp saying it will help on reducing the number of remandees at the facility.
The CJ went on to caution accused persons not rush into plea bargains when they are certain they didn’t commit the offences they are accused of. "To all the accused persons that want to participate in the plea bargain exercise, please note that this programme is for only the guilty, not the innocent. You must not participate in plea bargaining for the sake of it. You must be sure that you committed the offence and are willing to admit it. An innocent person who has suffered a lengthy remand period must not be tempted to plead guilty for the sake of a lenient sentence," he said.
The head of the Judiciary noted that the Plea Bargaining initiative was able to clear 1,119 cases between March and June this year, resulting in 1,119 convicts with 653 capital offences that would have initially required 16 High Court sessions to conclude.
He appreciated the University of Pepperdine team for the endless efforts rendered in popularizing the Plea Bargaining initiative in Uganda, "I pay special tribute to Prof. Jim Gash the President of Pepperdine University for your sacrifice, innovation, financial and technical support that you have rendered towards this pivotal project in your personal capacity and on behalf of Pepperdine University."
The Resident Judge of Gulu said the camp was dedicated to handling all cause-listed cases both capital and petty offences with the help of the plea-bargaining Focal Judge as well as selected magistrates to handle petty offences.
While encouraging inmates to participate in the process of plea bargaining, the Director of Public Prosecution, Hon. Lady Justice Jane Frances Abodo emphasized that it is vital for victims to be present to promote peace and integration. "We do not do plea bargaining for file cases that do not have evidence. Victims need to be around during these sessions since we aim for integration at the end of the day. We are required to give an appropriate sentence such that justice will be seen to be done. This way, when the convict gets back to the society, it is easy to accept them back," the DPP said.
On his part, Prof Danny DeWalt noted that this being their 12th plea bargaining camp as the Pepperdine University team in Uganda, they are delighted to maintain the collaboration with the Judiciary given its progress. Adding that seeing plea bargain transitioning presents a learning experience to the University.
Speaking on behalf of the inmates, Mr Oyite Michael, called for increased number of high court sessions, providing an additional resident Judge, and fully operationalizing plea bargaining at lower courts.
Inmates also expressed the need to expedite the handling of hearing of petty offences, and to equally prioritize other cases of accused persons who are innocent and cannot take on a plea bargain.
Present at the Camp were senior Judiciary officials; Supreme Court Justice, Mike Chibita, Judicial Training Institute Executive Director, Hon. Lady Justice Damalie Lwanga, Ms Maureen Kasande, the Under Secretary, Mr Andrew Khaukha, the Judiciary Technical Advisor. The camp was also attended by various justice actors from the Office of the Director of Public Prosecutions, Pepperdine University, Uganda Christian University, Uganda Police Force, Uganda Prisons Services and Advocates among others.
The event was moderated by the Chief Registrar, HW Sarah Langa Siu and the Judiciary Public Relations Officer, HW Jamson Karemani.
After the official opening of the camp, the Chief Justice interacted with relatives of the inmates and victims who were present at the Camp.
Posted 20th, June 2022
