By Simon Longoli
THIRTY suspects were in June scheduled to appear this week in Nakawa High Court before Justice Joseph Murangira to enter the plea of guilty.
Under law, a plea of guilty by the defendant waives trial of the charged offenses and the defendant may be sentenced immediately.
A suspect admits committing the crime in question, saving court the time and money that would have been spent on the trial.
On Monday, 22nd June, 10 defilement suspects were expected to plead guilty in court. The Judge makes it clear this is a day for entering the plea of guilty.
George Kyobe, 84, is in the dock and defilement charges are read to him.
“Are all these charges which have been read to you correct?” The Judge asks.
Kyobe is quiet and seems not to hear anything. The State sponsored Counsel, Sylvia Mbabazi talks to him; she turns back and addresses the Judge.
“My Lord, I went to Luzira and talked to my client. I explained to him the nature of this case and the penalties involved and he said he was ready to plead guilty to the charges of defilement. He now says again he is not ready to plead guilty. He says he does not know why he is in prison,” she says.
Every one expected the suspects to plead guilty because this day had been set for that.

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A Court Clerk at Nakawa High Court says that it is not assured that a suspect will plead guilty even when they have expressed the wish to the prison officers.
“While they tell the State prosecution that they want to plead guilty, some of them actually do not,” he says.
Justice Murangira does not look pleased as the Suspect’s Lawyer keeps on giving explanations one after another suspect does not plead guilty. He gives what he thinks are the reasons.
“Some of the suspects just want to come and see which Judge is handling their case. Some of them have never been brought to court before so they want to see what clothes the Judge is putting on. Others want to come and see if their files are still available,” he says.
On Tuesday 23rd June, 10 murder suspects were expected in court to make the pleas of guilty. This was made through the same arrangement with the prison authorities and the Justice ministry.
The maximum sentence for murder is death. Before 2005, death sentence for persons convicted of murder was mandatory.
The constitutional court ruled it unconstitutional. Ugandan Courts now give sentences they deem fit ‘under the law’. Sentences now vary from a prison term, life imprisonment and the death sentence.
Pleading guilty to murder charges before the 2005 court ruling was a quick way to join the death row. On this Tuesday however, three suspects pleaded guilty to murder.
Rajab Kiyingi (about 30) of Kitwa village in Mityana in August 2006 murdered his wife Maureen Nankya. He said he was trying to teach her a lesson, beating her to death.
Both Counsels give their submissions.
“My Lord I pray he be judged accordingly,” the State Attorney says.
“My client My Lord has saved the time and money this court would have spent.
“He has accepted the offense since the beginning. He is remorseful of his action. The time he has spent in prison has taught him a lesson,” Says the defendant’s Counsel. “I pray he be given a lesser sentence,” she concludes.
Sentencing of the two is set for one o’clock.
He has since been on remand for close to three years. He was sentenced to 18 years of prison service. The other two got 18 and 17 years of prison service.
The sentences could have been tougher. They could have included a life sentence in prison, or even death. Some of the cases and evidence presented by the prosecution were vivid and simply believable that an ordinary person could hurriedly believe there was a murder by the said suspect. But not all will plead guilty.
Chances are that Godfrey Katende, John Kasuba, Fred Katumba, Foste Okura, and others who chose not to enter the guilty plea will not be convicted. It is also probable that they will successfully be tried and convicted and some will possibly be sentenced to death.
When a prisoner is brought to court, what is the better plea?
Pleading guilty or not should be the most important question when one being taken to court. It is common knowledge that most prefer to plead not guilty, given the poor prosecution of criminal cases by the State. Even those who committed the offense in question simply plead not guilty.
By a plea of guilty, you admit that you committed the act charged, that the act is prohibited by law, and that you have no defense for your act.
A plea of not guilty means that you are informing the Court that you deny guilt and that the prosecution must prove its charges against you. Before a plea of guilty, one must know the likelihood of a civil case in connection with that offense because it is equally binding.
Mbabazi, the State sponsored counsel who works for the interest of the accused says entering the plea of guilty attracts a lesser sentence.
“For those who are being tried for murder, the court will actually not give a death sentence or even life imprisonment. It will be a limited prison service term,” she says.
A defendant who enters a plea of guilty must do so; in the phraseology of a 1938 American Supreme Court presided by Justice Hugo Black “knowingly, voluntarily and intelligently”. This simply means a defendant should know everything about their case, not enter the guilty plea as a result of force and also the knowledge of the potential consequences.