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Make Plea Bargain Sentences Proportionate to Offenses - PJ
Hon. Dr. Justice Bamwine - PJ (standing) officiating at the Hands on Plea Bargain training at Bushenyi Main Prison

BUSHENYI: "If you killed a person in this country, don't expect five or 10 years in prison; the Principal Judge, Hon.Justice Dr. Yorokamu Bamwine said.

"The sentence must be proportionate to the offences committed. It must reflect the interests of the victims, the complainant, the community and your own interests."

These were remarks made by the Principal Judge, Hon. Justice Dr Yorokamu Bamwine while officiating at a Hands-on Plea Bargain training at Bushenyi Main Prison. The head of the High Court and all subordinate courts under it, said the courts would not endorse plea bargains if they do not reflect the magnitude of the crime committed.

"The bargains are not entered into merely to save court's time and reduce backlog atthe expense of justice," he said.

The Director of Public Prosecution, Hon. Justice Mike Chibita, echoed the Principal Judge's remarks not to compromise the standards of justice while carrying out plea bargains.

Improved Case Disposal Rate

The Chief Registrar, HW Esta Nambayo, thanked the Principal Judge for spearheading the promotion of Plea Bargain in Uganda's Criminal Justice System.

"Last year alone, we were able to complete 2,000 cases and were able to handle cases that were registered in 2018," she said.

HW Nambayo explained that using Plea Bargain, the Judiciary disposed off so many cases,which would not have been possible given its resource constraints.

According to a status report signed by the Officer in-Charge of Bushenyi Prison, ASP Bryan Mbaziira, the Prison has 892 inmates and of these 196 are convicts, 301 are committals, and 287 are petty remand prisoners, 102 non-committals and six (6)debtors.

At least 100 inmates had expressed willingness to Plea Bargain at the facility. Hon. Lady Justice Jane Frances Abodo of the Criminal Division was on hand to preside over the concluded bargains. 

Inmates Concerns

The inmates in their memorandum asked for a resident Judge for more sessions for criminal matters. They decried enhanced sentences even after entering plea bargain agreements, over stay on remand and reluctance of lawyers to mitigate their sentences.

Other concerns included not being provided with copies of their judgments upon conviction.

On the issue of over stay on remand, the Principal Judge said the Case Backlog Committee chaired by Supreme Court Justice, Hon. Justice Richard Buteera, had come up with strategies to ensure that time spent on remand is reduced.

He also thanked Pepperdine University for their commitment in training criminal justice actors on how to conduct plea bargains. The initiative targets both capital and petty offenders.

The Principal Judge was accompanied by Senior Judicial Officers who included: - Hon.Justice Buteera; High Court Judges: Hon. Justice Dr Henry Peter Adonyo, Hon.Justice Dr Flavian Zeija, Hon. Justice Gadenya Paul Wolimbwa and Hon. Lady Justice Joyce Kavuma. Others included the Registrar High Court, HW Tom Chemutai,Judiciary Technical Advisor, Mr Andrew Khaukha, and Judicial Officers from the Mbarara High Court circuit.

Posted 25th, March 2019
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