Police officer nearing retirement jailed for manslaughter in Lira
Having spent three years, four months and two days on remand prior to Thursday's sentencing and with the two sentences running concurrently, it means he will serve five years, seven months and 28 days in prison. Justice Sarah Birungi Kalibbala informed the convict that he has 14 days to appeal against his conviction and sentences.
The conviction effectively ends Onen's 34-year police career and leaves him facing the loss of retirement benefits. (Credit: Hudson Apunyo)
LIRA - A police constable who was only four months away from retirement has been jailed by a court in Lira district after being convicted of manslaughter and causing grievous bodily harm.
The High Court had ruled that Patrick James Onen used excessive force while responding to a disturbance at Agege trading centre in Kole district, leaving one man dead and another seriously injured in late July 2023.
Onen, 63, was subsequently given a jail term of nine years for manslaughter and three years for causing grievous bodily harm.
Having spent three years, four months and two days on remand prior to Thursday's sentencing and with the two sentences running concurrently, it means he will serve five years, seven months and 28 days in prison.
Justice Sarah Birungi Kalibbala informed the convict that he has 14 days to appeal against his conviction and sentences.
The conviction effectively ends Onen's 34-year police career and leaves him facing the loss of retirement benefits.
Before sentencing, he apologised to the victims' families, telling the court he never intended the tragedy and had faithfully served government for more than three decades.
He also appealed for leniency, saying he was responsible for supporting nine children, including those of his late brother.
The court had earlier acquitted him of murder and attempted murder, finding that although he had acted in self-defence after being attacked by an angry mob while attempting to arrest a suspect on the fateful day three years ago, he had used excessive force by firing multiple rounds from his rifle.
One bullet killed James Ogwal, while another seriously injured Augustine Ojuka.
The tragic confrontation
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 Ogwal while another seriously wounded 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
During the trial, the prosecution argued that the officer acted with malice aforethought by firing numerous rounds from a lethal weapon into a crowd, resulting in fatal injuries to Ogwal.
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.
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.
Conviction overshadows retirement
As mitigation began, defence lawyers portrayed Onen as an elderly first-time offender whose long career in public service had come to a tragic end.
The court heard that the 63-year-old had already reached retirement age while on remand and that a custodial sentence could deprive him of his retirement benefits.
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.
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.
Eventually, the court made its decision. Onen has now only days to lodge an appeal against his conviction and sentences.