We have capacity to prosecute you, Justice Bamwine tells Gulu inmates

The Principal Judge, Justice Yorokamu Bamwine, has said courts have the capacity to prosecute inmates despite the introduction of the plea bargaining system.
Justice Bamwine said although the court is underfunded, it has the capacity to prosecute and hand jail sentences commensurate to the crimes committed by inmates across the country.
He said some inmates have taken advantage of the plea bargaining system to ask for lighter sentences thinking court has no money to fully hear their cases.
“Some of you think the court is so broke and that is why it has resorted to the plea bargaining system. We can still prosecute you,” Justice Bamwine said.
He said plea bargaining is not merely entered to save court time or for the sake of reducing case backlog but rather in accordance with the law.
Justice Bamwine was speaking to more than 1,000 inmates during the plea bargaining session organised by the Judiciary in conjunction with Pepperdine University at Gulu Central Prison on Wednesday.
The session was presided over by Chief Justice Bart Katureebe.
Plea bargaining system is an agreement between the accused person and the State where the accused voluntarily pleads guilty to the offence committed for a lighter sentence.
Under the plea bargaining system, capital offences cost the Judiciary at least Shs300,000 to prosecute compared to Shs1m the Judiciary spends on prosecuting a capital offence in the normal courts of law.
Justice Bamwine said with the plea bargaining system, inmates should not just expect a “handshake” of sentences simply because they accepted to enter into bargaining.
“Even if your lawyers come up with a lighter sentence after coming up with an agreement with the inmate, a trail judge can reject and send you back for negotiation. In every case, the court is bound to give a befitting sentence,” he said.
He said much as the inmates yearn for justice, it must also be served to the victims.
Justice Bamwine, however, advised the inmates not to make desperate and uninformed decisions to enter plea bargaining before understanding what it entails.
During the engagement, prisoners also petitioned the Chief Justice on their plight.
Daniel Bagonza, an inmate, told the judge that police sometimes conducts investigations in such a poor manner that they sometimes charge a suspect with a capital offence whereas it is not.
He also noted that cases of loss of files and inadequate judges in the districts of Amuru and Nwoya have caused delays in administering justice that has since seen many inmates serving longer times on remand than if they were convicted.
At Gulu Central Prison, for instance, out of 1,398 inmates, only 512 are convicted, while the rest are on remand.
Justice Katureebe, in response assured the inmates of justice.
He, however, noted that the court is limited by resource allocation from government and noted that plea bargaining was the best alternative method for ensuring effective administration of justice.
“If we sat and waited for government to give us the judges and resources we need, all the 882 inmates on remand in this facility would take many years to get justice,” he said.

Background

Over the past five years, 356 files have been concluded under the plea bargain system at Gulu Central Prison.
More than 170 inmates at the facility have already expressed willingness to plead guilty this month.
Uganda prison services are grappling with congestion in major prison facilities across the country brought about by delayed trials of inmates, with nearly half of the more than 57,000 inmates not convicted.