Prisoners cautioned against pleading guilty when they are not

Jun 20, 2018

“Do not plead guilty unless you are,” Arach said.

PIC: Prisoners moving to their residence at Masindi main Prison. Lady Justice Stella Arach advised them not to plead guilty when they know they are not guilty. (Credit:Priscillar Nyamahunge)
 
PRISONS
 
MASINDI - Prisoners at the Masindi main prison have been cautioned against pleading guilty to committing crimes which they know they did not commit.
 
The caution was made by the Justice of the Supreme Court, Stella Arach during the hands-on training of law students and legal practitioners about the plea bargain process at Masindi prison on Monday.
 
"Do not plead guilty unless you are," Arach said.
 
Plea bargain is a process where the suspect comes out and confesses to committing the crime and negotiate with the prosecution side to settle on an agreed lighter sentence.
 
It was launched countrywide in 2014 but was launched in Masindi in 2016.
 
By Monday, about 150 Masindi Prison inmates had registered for plea bargain.
 
To the defense lawyers, Arach asked them to help the inmates freely and not to abandon them.
 
"I have heard of cases where the defense lawyers abandon their clients because they cannot pay."
 
"Remember that these people have been here for months and years and would have nowhere to get the money from.
 
"Please give them free legal services," Arach said amidst cheers from prisoners.
 
In addition, the Principal Judge, Yorokamu Bamwine advised the prisoners only to embrace the plea bargain process when convinced that they are guilty.
 
"Pleading guilty is voluntary. No circumstance should force you to plead guilty when you know you did not commit the crime," Bamwine said.
 
He however advised those ready to plead not to heed negative advices from people who might discourage them against the process.
 
"Those people do not know what you are going through behind the cells. They should not discourage you," Bamwine said.
 
He said it is better to plead guilty and serve a lighter sentence than waiting for a full trial which he said is expensive, time consuming and the outcome is unpredictable.
 
Henry Natwaluma, the Officer in charge of Masindi Prisons said many prisoners have overstayed on remand and are always asking when they will know their fate.
 
He also said there is still a knowledge gap amongst many prisoners whom he said need to be sensitised about the advantages of plea bargain.
 
 

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