Uganda

I started working with Judge Andrew Khaukha in the High Court and observed a part-heard murder trial, the previous judge hearing the case had recused himself due to bias, and the case was resuming with Judge Khaukha. The case concerned a woman who disappeared and 8 months later was found dead in the septic tank of the home. The accused was her husband, alongside a security guard. Both men had been on remand for 4 years. We heard from a witness via Zoom who couldn’t attend court due to health issues, as well as substantial legal argument about whether it was permissible to take a photograph of the deceased’s diary, to show to the witness via Zoom. It was decided it would turn primary evidence into secondary and therefore be inadmissible and the only solution was for an Officer to courier the diary to the witness. The legal argument took over an hour, and made me realise how grateful I am for the Crown Court digital case system, where uploading exhibits is standard. It was impressive to see the option to have remote video-links.

Whilst the trial was adjourned, the Judge dealt with eight ‘plea bargains’, six of which were rape cases. These are cases where defendants have been on remand for a period of time, a plea on full facts and a sentence has been agreed between prosecution and defence. It was interesting to see this procedure, which was developed by Judge Khaukha with previous Pegasus Scholars. The Prosecution opened the facts briefly, although did not refer to anything relating to the investigation, any previous convictions, refer to the sentencing guidelines or address any aggravating or mitigating factors. There was mostly no mitigation offered by the defence other than occasionally ‘remorse’ and the sentence agreed was passed every time.

The Court sat from 10:40, after a pre-court hearing in chambers, until 18:15, without any break whatsoever. This was a test of endurance that I would come to expect from the Judge, who demonstrated on that first day that he was concerned with effective case management, proactively dealing with cases, and also hard work to get through a busy list as he was mindful that some of the defendants hoping to have their plea bargain dealt with had been on remand for up to five years.
During my month in Uganda, I learnt of many similarities and differences with the procedure and practice of criminal law in England and Wales. For instance, in Uganda every application must be made in writing, and that nobody in the court uses a computer. The rules of hearsay don’t apply in the same way, and very little evidence is agreed. There is no requirement for the defence to provide anything similar to a defence case statement ahead of the trial, and disclosure appears to be discretionary.

I was fortunate to meet a number of judges and lawyers, including one lawyer who was a former child soldier involved in a very interesting case of terrorism. I also met with Supreme Court Judge Justice Mike Chibita, Assistant DPP Samali Wakooli to discuss prosecution methods and practices particularly when dealing with cases of rape and serious sexual offences. I was impressed with their dedicated Children’s room which has toys, snacks, and clothes so that children do not have to give evidence in their school uniform, which may be identifiable as it is permissible to take photographs and report names of complainants in all cases, and sensory play items so they could meet the Prosecutor ahead of giving evidence in a safe environment.

I was invited to attend a lecture at the Law Faculty at Makerere University, given by a visiting Australian lawyer. The lecture on Australia’s constitutional obligations and compatibility with transgender rights laws was interesting to observe and listen to the discussion with the Ugandan law students given the countries’ prohibition on homosexuality, although it is unclear what the law is on trans rights. I also attended the First National Symposium on Juvenile Justice, which I found incredibly interesting, particularly in light of learning that there is no wide-spread process for registering births, so age determinations of defendants is complex, and although the law requires all children to be represented, there is no funding or system in place to ensure this actually happens.

I was also able to explore the country, seeing the source of the Nile Jinja, sailing on Lake Victoria, as well as hiking in Bwindi Impenetrable Forest to see mountains gorillas and go on a small safari.

A particular highlight was attending the memorial lecture of the First Chief Justice of Uganda, who was murdered by Idi Amin’s forces. The Judges performed a procession around the High Court compound of Justice Benedicto Kiwanuka’s last known movements before the lecture, which I found incredibly moving.

I am extremely grateful to Judge Khaukha, and the Pegasus Trust, as well as members of the Inn who provided considerable support in allowing me the opportunity to go to Uganda.

Elizabeth Garcia
Freemans Solicitors