Participants at the Plea Bargaining training at Malukhu Prison in Mbale
The three-days hands on training/case preparation on Plea Bargaining officiated by the Hon. The Principal Judge, Hon. Justice Dr. Flavian Zeija, at Malukhu Prison in Mbale attracted the participation of eight Resident District Commissioners from surrounding areas who are eager to promote the fast access to justice initiative.
The participating RDCS were drawn from Tororo, Manafwa, Bulambuli, Butembo, Pallisa, Namisindwa, Kapchorwa and Kibuku districts. The Director of Public Prosecutions, Hon. Lady Justice Jane Frances Abodo, described it as a first of its kind,where a large number of leaders flocked the Plea Bargaining Training.
The training, which was flagged off on Monday (December 7, 2020) saw 63 case files involving at least 90 accused persons resolved.
The Manafwa RDC, Washaki Ahamada, who spoke on behalf of the other RDCS, thanked the Judiciary and the Justice, Law and Order Sector at large for the initiatives put in place to ensure the dispensation of justice.
Mr Washaki thanked JLOS institutions for embracing them as part of the stakeholders in the administration of justice. "Thank you for accepting RDCs to be part of JLOS and we also thank the Judicial Officers in our areas for serving the people."
He further committed to spread the gospel of Plea Bargaining and offered the Judiciary radio airtime in all the eight districts to sensitize the public about the same.
The Principal Judge applauded the gesture of the RDCS and went on to explain to the inmates that there are Rules that govern Plea Bargaining and are utilized during negotiations.
Regarding disparity in sentences for similar offences, the PJ explained that each case has unique attributes which are considered before a sentence is arrived at. "Please don’t assess Plea Bargaining on other people’s experiences, every case is decided on its own depending on the circumstances in which the offence was committed."
He emphasized to the inmates that justice is a two-sided process where both the accused persons as well as the victim get equity.
The PJ pointed out that the process of negotiating for lenient sentences or lesser charges is also possible in Magistrates courts. Adding; “Even when a matter is undergoing normal trial you can still plea bargain. At Appeal level, you can negotiate for a lesser sentence.
The prisoners through their representative, Mr Dickson Bwayo, had decried long remand periods stretching to six years in some instances.
To this, the PJ responded: "We want to try you as you as soon as you are remanded but due to inadequate funds, you end up spending long times on remand. It is no tour wish...under the session system, for capital offences, we have to provide you with legal representation and also facilitate the victims or witnesses in order to attend court."
He therefore encouraged inmates who know that they are guilty of the offences they are accused of to utilize plea bargaining because of its efficiency and timely disposal of cases.
Another issue which was raised were seven files that have been pending judgment since February. He promised to engage the individual judges to ensure that the matters are concluded.
The Senior Resident Judge of Mbale High Court, Hon. Justice Godfrey Namundi, observed that Plea Bargaining was one of the efforts that his court utilized to ensure that prisons are not congested especially during the lockdown. "We allowed lenient sentences to motivate others to get onboard so that there are fewer people on remand."
In response to a query on why courts disallow some bargains, Hon. Justice Namundi clarified that the court will not confirm ridiculous sentences because justice is for both the accused persons as well as the victims.
On how missing files frustrate the court experience, the Judge explained that in such circumstances, a duplicate file is created.
The DPP pointed out that her office has embarked on a review of case files. "...I setup a task force of senior state attorneys and we reviewed 552 cases in Masaka,466 in Kampala, 338 in Jinja and 1,200 in Mbarara. Out of these, we realized that 220 case files did not deserve to be in the system and were weeded out. "She added that Mbale cases were set to be reviewed as well.
Hon. Lady Justice Justice Abodo reassured the inmates that all sentences arrived at are after the prosecution side has perused the file and looked at both the aggravating and mitigating factors. Further, she said in court, matters that are plea-bargained have independent files off the court record to promote confidentiality and avoid issues of bias in case the plea bargain fails.
Case statistics
In her maiden appearance at hands-on training, the Chief Registrar, Sarah Langa Siu who described herself as “the head girl of the lower bench” said it had been observed that Plea Bargaining has been instrumental in dealing with case backlog.
She pointed out that through Plea Bargaining, the ratio of convicts has gone up and reduced the number of prisoners on remand. HW Langa pointed out that by the close of October, there were an estimated 150,000 case files in the courts of which 62,000 were classified as backlog.
She reassured the inmates of the need to involve victims in the plea bargaining process. "Plea Bargaining is participatory. It is important that the victims are present so that when they leave, they are satisfied that justice has been served."
The Chief Registrar added that one of the benefits of Plea Bargaining is reconciliation which is in line with the provisions of the Constitution.
Prisoner numbers
The Commissioner of Prisons in Charge of Correctional Services, Mr Samuel Akena, who also represented the Commissioner General of Prisons, observed that during the lockdown, the remand population in prisons shot up. He however commended the efforts of the courts in ensuring that inmates access court services in the face of the Covid-19 lockdown.
He added that using innovations such as mobile courts and plea bargaining, the convict ratio has gone up again. “Out of the 58,150 inmates in our prisons, 30,893 are convicts while 29,974 are remand prisoners. He added that the female prisoners are 2,737 accounting for 4.5 per cent of the prison population while men stand at 95.5 per cent.
The statistics further indicate that 51.7 of the inmates are convicts while 49.3per cent are on remand.
The Officer in Charge of Malukhu Prison, Maureen Ninsiima, in her brief to the Principal Judge pointed out that while the prison had been constructed for a population of 376 inmates, it now accommodates 1,068 inmates.
Inmates passionate plea
The inmates through their choir performed three songs in which they asked for mercy and a second chance to be rejoined to their families.
The emcee of the opening ceremonies was the Judiciary Public Relations Officer and Assistant Registrar, HW Jamson Karemani. It drew representatives from several JLOS institutions and defense counsel including officials from Justice Centres Uganda and Judiciary Technical Advisor, Mr Andrew Khaukha.
Posted 9th, December 2020
