Police officer nearing retirement convicted of manslaughter in Lira
The High Court ruled that Patrick James Onen used excessive force while responding to a disturbance at Agege trading centre, leaving one man dead and another seriously injured in late July 2023.
The court acquitted Onen (pictured) of murder and attempted murder but instead convicted him of the lesser offences of manslaughter and occasioning grievous harm, paving the way for sentencing on Thursday (August 6). (Photo by Hudson Apunyo)
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A police constable who was only four months away from retirement after serving 34 years in the Police Force has been convicted of manslaughter in Uganda's northern district of Lira.
The High Court ruled that Patrick James Onen used excessive force while responding to a disturbance at Agege trading centre, leaving one man dead and another seriously injured in late July 2023.
Justice Sarah Birungi Kalibbala ruled that although Onen acted in self-defence after an angry crowd turned against him during an attempted arrest, the officer exceeded the lawful limits of force by firing multiple rounds from his rifle into the crowd.
The court acquitted Onen of murder and attempted murder but instead convicted him of the lesser offences of manslaughter and occasioning grievous harm, paving the way for sentencing on Thursday (August 6).
Court heard that Onen was called to Agege trading centre after reports of a fight over sh2,000.
By the time he arrived, the fighting had already stopped and the situation had calmed down. However, when he attempted to arrest one of the suspects, members of the public reportedly resisted, insulted him and prevented him from taking the suspect into custody.
Evidence showed that the crowd became increasingly hostile, surrounded the officer and began throwing stones in what the court accepted was an attempt to disarm him. In response, Onen fired his rifle several times to disperse the crowd.
One of the bullets fatally struck James Ogwal while another seriously wounded Augustine Ojuka, who sustained a gunshot injury to the thigh.
Medical evidence showed that Ogwal died from excessive haemorrhage caused by bullet wounds.
Court rejects murder charge
The defence maintained that Onen acted purely in self-defence after being attacked by an aggressive mob intent on taking away his firearm.
In its judgment, the court found that the prosecution had successfully proved that Onen fired the shots that killed Ogwal and injured Ojuka.
However, the judge held that the prosecution failed to prove the essential ingredient of malice aforethought required for a murder conviction.
Instead, the court found that the circumstances demonstrated both self-defence and provocation, but that the officer used more force than was reasonably necessary.
"He remained with a remedy of shooting to disperse the crowd," the judge observed, before concluding that firing 16 rounds amounted to excessive force that negated malice aforethought but nevertheless amounted to criminal liability for manslaughter.
Attempted murder charge also fails
On the second count relating to the shooting of Augustine Ojuka, the court found that the prosecution had failed to establish the intention to kill.
The judge noted that Ojuka's testimony contained significant contradictions, while the accused consistently maintained that he had not intended to injure anyone and only wanted to scare away the attacking crowd.
Nevertheless, because the victim suffered serious gunshot injuries classified as grievous harm, the court substituted the attempted murder charge with the lesser offence of occasioning grievous harm under the Penal Code.
Conviction overshadows retirement
As mitigation began, defence lawyers portrayed Onen as an elderly first offender whose long career in public service had come to a tragic end.
His lawyers said he was the sole breadwinner for nine children, including those of his late brother, and pleaded for a non-custodial sentence or the minimum punishment allowed by law.
Addressing the court emotionally, Onen apologised to the victims' families and asked for mercy.
"I was a government employee. I served government for 34 years," he said.
"I request this honourable court to forgive me for what happened. I also request for forgiveness from the relatives of the victims. I never intended to do this, but doing government work brought me this problem."
He added that all his brothers had died, leaving him responsible for supporting their children alongside his own, and appealed to the court to consider his age and family responsibilities.
Prosecution seeks lengthy jail term
The prosecution urged the court to impose a deterrent sentence, arguing that the convict had a professional duty to protect life rather than endanger it.
State prosecutors said the officer discharged more than ten rounds of ammunition, describing his actions as an extreme failure to discharge his legal duty as a trained law enforcement officer.
They proposed a 12-year prison sentence for manslaughter and five years for occasioning grievous harm.
The defence, however, asked the court to impose the statutory minimum sentence of three years for each offence and requested that both sentences run concurrently, with the period spent on remand deducted.
The matter was adjourned until August 6, when the High Court is expected to deliver its sentence.