The Ag. Chief Justice, Alfonse Chigamoy Owiny-Dollo, earlier today presided over a scientific opening of the Court of Appeal’s Criminal session in Mbale.
Describing it as a unique session, Justice Dollo, went to Malukhu Prison where he addressed male and female appellants on what to expect.
He was received by the Regional Prisons Commander, Ronald Godi, explained that all appellants would follow the proceedings through by way of IT using Zoom.
“Because of Corona, you will not go to Court but you will attend Court from here. The Judges will be at Court but you will all be able to see each other,” said the Ag. CJ.
The Mbale Senior Resident Judge, Godfrey Namundi said the session was a ray of hope for the appellants.
The appellants, through their representative, Hassan Kagende, presented a three-point memorandum. The concerns rotated around deducting time spent on remand but not deducted during sentencing, need for clarity on what life imprisonment means and an appeal to the Court for leniency.
Justice Dollo, in response, l said Justices; Frederick Egonda-Ntende, Cheborion Barishaki and Muzamiru Kibeedi, who are handling the session will, each, review the record of the Court that led to the conviction of each appellant and make a decision.
He urged the lawyers on state briefs representing the appellants to consult their clients rather than dictate for them what to do.
On the issue of trial Court not deducting time spent on remand during sentencing, he said, “it is now the law that the remand period is considered before sentencing. If the trial judge does not indicate that time spent on remand was considered, the Justices will put it in consideration and make their own judgment.”
Regarding the duration of life imprisonment, the Ag. Chief Justice explained to the appellants that previously this sentence was commuted to 20 years but under the new law it means imprisonment for one’s natural life.
Justice Egonda-Ntende said the Justices were committed to deliver justice in a timely manner. “Our duty is to render our decisions in a timely manner. And whereas we cannot do much about the delays you have suffered, all we can commit to do is that decisions can be reached in a timely manner. That is our undertaking to you and our nation.”
Justice Cheborion commended the prison authorities for ensuring that the appellants are well looked after and safe.
Justice Kibeedi reassured the appellants that although there would not be physical interaction during the session, the Justices will listen to the appellants attentively through the technology medium and justice shall be done.
The Ag. CJ and the Justices toured the dedicated room where the appellants will follow Court proceedings from.
A team of senior prosecutors led by Senior Assistant Director of Public Prosecution, Sam Oola will be taking part in the session that will handle 40 appeals.
Out of the 40 Appeals, Murder ranks highest with 17 cases followed by Aggravated Defilement with 12 cases and Aggravated Robbery with seven. The other appeals are on offences of Operating a Pharmacy without a License, Rape, Arson and Criminal Trespass each with one case.
