Chief Justice warns judges over plea bargaining processes

Chief Justice Alfonse Owiny-Dollo has cautioned judges against presiding over the trial of cases where they supervised plea bargaining processes that failed.

The administrative head of the Judiciary reasoned that the judge who has partially heard evidence during the plea bargaining process, will be biased should the process fail and the matter goes on full trial.

“This is because their minds (judges) are already biased upon hearing evidence in the plea bargaining session; so the proper thing is that what you know, you keep it to yourself,” CJ Dollo cautioned last Friday during the plea bargaining conference in Kampala.

He added: “…A judge or magistrate who has heard part of the evidence, should not sit in judgment; because you know what he (suspect) has said. Indeed, that is what we have been practicing, even in civil cases, if you have heard the negotiations, certain disclosures are usually made. The proper thing is, don’t sit in judgment if it’s not concluded during the mediation process.”

A plea bargain is an agreement between the prosecutor and the accused person in a criminal case whereby the latter agrees to plead guilty to a particular charge in return for a lesser punishment or lessened charge.

The caution by the Chief Justice was prompted by retired Principal Judge Yorokamu Bamwine, who said some judges remain adamant and preside over cases after a botched plea bargaining process. 

He said some judges claim that a guilty plea is not equivalent to a confession so they are at liberty to go ahead and hear the matter even if they are privy to the information given by the accused person during the plea bargaining process.

Speaking at the same event, Principal Judge Flavian Zeija said the performance of plea bargaining is exceptional in terms of case backlog and caseload reduction as well as minimising costs in the administration of criminal justice.

He said Mbarara High Court was the best-performing court in terms of plea bargaining in the recent past, having completed 1,320 cases.

Justice Zeija added that of the 1,320 cases, 518 were non-capital cases whereas 802 were capital cases. 

He added: “I encourage all our judicial officers to interest themselves in what Mbarara High Court circuit is doing better and implement good practices from Mbarara at their respective stations. I hope that, if every judge can complete 100 plea bargain cases each year in addition to normal station duties that would be a significant game-changer in ensuring the timely administration of criminal justice at minimal costs and reducing both caseload and backlog in the hierarchy of courts.” 

Framers of the 1995 Uganda Constitution also had this in mind while drafting it by inserting Article 126 (2) (d), which requires the courts to promote reconciliation between parties in the course of adjudication.