Judges, magistrates warned on laziness, corruption

By Anne Mugisa     
                                                                                                                                                                
The Principal Judge Yorakamu Bamwine has issued a fresh warning to judicial officers saying that the judiciary will not tolerate vices like late coming, absenteeism, laziness and corruption.

He also asked lawyers to be respectful in their criticism of judges’ decisions instead of bashing them using disrespectful language. In the same breath, the Principal Judge also asked Judges not to get angry when their judgments are criticised which he said has sometimes been the case.

Bamwine was opening the initial training of judicial officers and lawyers both in private practice and in government service on the new sentencing guidelines, which were developed to promote fairness in issuing sentences.

The guidelines were developed recently to iron out inconsistencies in sentences which had contributed to public loss of confidence in the justice system and accusations of corruption against judicial officers by frustrated members of the public. The training took place at the Ridar Hotel in Seeta.

Justice Bamwine said that these vices  mentioned above have dominated public complaints against judicial officers in all places a committee created to collect views of the public  on the judiciary went.

“The Judicial Service Commission (JSC) has stepped up vigilance in this case. You will face disciplinary action. The Judicial Disciplinary committee has already punished some officers including dismissal of some. Those who know that these vices are taking place should report to us and we shall take action…,” Justice Bamwine said.

He said that all groups involved in justice delivery like the Police will be trained on their role in ensuring that the sentencing guidelines work properly. The role of the Police, he said, is basically to ensure proper investigations of the crime and the impact it has had on the victim and the community so as to assist the judge to come to a fair decision.

He said before the guidelines, investigations centered on the crime alone and even then some investigations were not that deep, which hampered justice. He noted that even when the investigations were properly done, the victims and the community were completely ignored. “In fact some people complained that the justice system favoured the criminal.

Training of the Police is slated to start on July 10 in Kampala. Subsequent training for them will be organised later.

According to Bamwine, the public will also be sensitised on the new guideline sand how they can assist the courts to deliver justice.

“People need to comprehend the guidelines… all actors who include the judicial officers, Police, advocates, the public as well as the probation and welfare officers need to be trained… and contrary to fears of some people, these guidelines will not fetter discretion of judicial officers. Instead we shall have humane, predictable, uniform and effective sentences…,” Justice Bamwine said. He added that this will also ensure justice for children.

He said that the Sentencing Guidelines Bill has been made and when it is passed into Law by parliament, it will create a sentencing Council which will continuously develop guidelines for some of the offences not catered for under the new guidelines. Currently 10 criminal offences which include murder, defilement, terrorism and corruption related offences are catered for in the guidelines.

The Chief Advisor to the Justice Law and Order Sector, Paul Gadenya said that the guidelines are rules that are targeting restorative justice.  They aim at restoring the community, the offender and the victim. “Before that the system only looked at the offence…,” Gadenya said.

The participants expressed concern that some criminals dupe court with an act of remorsefulness to attract light sentences. “We need to be wary of criminals who are comedians in court. And in many cases, it is the lawyers who play out this comedy, telling court that the offender is remorseful…,” Gadenya said.

The head of the Criminal Division, Justice Lameka Mukasa advised that remorsefulness should not be judged at the sentencing stage.

He said that remorsefulness should be from the start that someone regrets his crime as opposed to denying all the way and pleads remorsefulness after conviction and at sentencing stage.

The song we have been hearing in court after conviction is that I am remorseful and nothing else shows that fact….,” Justice Mukasa said.