Hon. Justice Dr Zeija addressing the congregation at opening of the plea bargaining session at Masindi
The Principal Judge, Hon.Justice Dr Flavian Zeija, flagged off the 2020 June edition of the Plea Bargaining prison camp.
The camp kicked off at Masindi Main Prison where the Principal Judge flanked by Judges Hon. Justice Gadenya Paul Wolimbwa and Hon. Lady Justice Jane Okuo Kajuga enumerated the immense benefits of the Plea Bargaining.
Plea Bargaining is the negotiated agreement between the prosecution and accused person pleading guilty in exchange of a lenient sentence or lesser charge.
At least 150 accused persons at Masindi Main Prison have enrolled on the quick access to justice.Judges Hon. Justice Gadenya and Hon. Lady Justice Okuo have camped at theprison to conclude the bargains as part of the measures ensure safety ofpersons amidst the Corvid-19 pandemic.
In his remarks, Hon.Justice Dr Zeija urged accused persons who know they are guilty to enroll onthe programme because of its efficiency in ensuring that remorseful persons getto serve their punishments quickly.
He added that all thesentences on the programme are in line with sentencing guidelines. On the issueof sentences being enhanced after bargains, the Principal Judge said Judges have the discretion to reject bargains but not to enhance sentences. He emphasized to the inmates that time spent on remand is taken into account when sentences are being passed.
One of the concerns of inmates raised in their memorandum was continuous sensitization on Plea Bargaining. "We have inmates who are willing to plead guilty but the challenge is that they don’t know the procedures. Our request is that lawyers are sent in time in order to teach those who are willing to plead guilty," the memorandum read in part.
The Principal Judge requested the Resident Judge to hold regular sensitizations at the facility. On his part,Hon. Justice Gadenya, the Masindi Resident Judge said the Regional Chain-Linked Committee would regularly visit the prison to sensitize inmates on Plea Bargaining as well as other innovations put in place by the Judiciary to foster administration of justice.
The female inmates on their part, welcomed Plea Bargaining saying it will solve over-stay on remand as often they plead guilty but take a long time to be produced in court.
The Principal Judge answered several queries from inmates on the different justice needs they encountered. He quickly reassured them that Masindi was due to hold three sessions before the close of the calendar year on top of the continuous plea bargaining programmes.
Hon. Justice Gadenya thanked the Principal Judge for his maiden visit to the circuit saying that his visit was part of the solution to the challenges in the circuit. He reechoed remarks made by the Principal Judge on regular sessions. "Our plans are to hold three regular sessions. We have corona, but we shall try to work within the constraints to ensure your cases are handled," he said.
He also committed to hearing all the 40 pending bail applications. He said together with the Office of the Directorate of Public Prosecution (ODPP), there were planning weed-out session. "We want only deserving cases remain in prison."
He also reassured inmates that as a policy, he does not adjourn cases to the next session and believes in finishing what he has started.
The in-charge of Masindi Main Prison, SP Felix Mugasha Felix said although the prison was built for a capacity of 226, they now had 1,603 inmates. "Of these, 605 are convicts while remands account for 998. Those committed to High Court stand at 726 and we welcome all interventions to ensure congestion reduces."
The representative of the Commissioner General of Prison, Selestino Twesigye, commended efforts of justice players to come up with interventions such as Plea Bargaining to ensure that there is dispensation of justice.
Different stakeholders took part in the prison camp. A team from ODPP led by Assistant DPP, Ms Margaret Nakigudde, defense counsel and representatives from Police took part in the exercise. Ag Registrar High Court, HW Mary Ikit, Assistant Registrars; HW Jameson Karemani and HW Simon Kintu Zirintusa participated. Outgoing Chief Magistrate, HW Kule Moses Lubangula and Magistrates HW Biwaga Selsa and HW Irene Aber were equally present.
The Judiciary Technical Advisor, Mr Andrew Khaukha, who also heads the Plea Bargaining secretariat explained that similar camps will be held in Nakasongola, Gulu and Mbarara.
Posted 10th, July 2020
