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 UGANDA: GULU HIGH COURT OF APPEAL OVERTURNED SENTENCE 18 YEARS, THREE ACQUITTED BY JUSTICE ALFONSE OWINY DOLLO CIGAMOI

“I am seeking leave under article 132 of the trial and indicted Act 23/20.” Although he did not receive the said application hard copies, she got electronic copies later.

 

High court Judges of Appeal’s got loved to Gulu High Court smartness and state of the hearts, dismisses three convicts, set them free that they have no case to answer.

GULU CITY-MONDAY March 27,2923.  Hon. Lady Justice Irene Mulyangonia. J. A. Her eyes circle spacious Gulu High Court room number 4, wondering state of the heart is Gulu High Court circuit is before putting toughs question to the Deputy Assistance DDP to give reason of the acquitted three appellants acquitted by Justice Alfonse Owiny Dollo Cigamoi, in 2013.

Gulu High Court of Appeals was full to capacity hearing the appeals of life imprisonment who’s we their relatives filled courtroom to capacity, those who turned up to hear their cases includes One Caro, the Director of Favor of God who was present in person to hear the appeals Pastor Oteka who has been in and out of court.

Pastor Oteka, Mis. Caro accused him for a number of issues including the alleged Freud, however concerned members of the community blame him, Pastor Oteka for the failed love.

Akello Alice Latigo and company Advocate asked High Court of Appeals to allow her seeks court leave and file late application for the numbers of Court Appeals, for some other convict’s sentences’ for life in prisonment, her pleas was granted by Hon Mr. Justice Fredrick Egonde, J.A

She says appellants in court name them as Debora Etwa who filed his application on 13 December 2016, told court that he was sentenced to life in prisonment, however, under article 188 and 189 sentence by Hon. Mr. Alfonse Owiny Dollo Cigamoi.

“I am seeking leave under article 132 of the trial and indicted Act 23/20.” Although he did not receive the said application hard copies, she got electronic copies later.

“Am applying for leave under rule of jurisdiction, leave to appeal against the appeal because by the time appellants made the application, his application came late. Adds that My Lord let my application be considered because we received the application on 9, March 2023.

Caleb Alaka, also pleaded to Deputy Chief Justice Fredrick Gonde Ntende to allow him seek court leave since when the judgement was passed to sentence, he was out of the country in South Africa pursuing studying.

“My lord allows me to seek leave and file my application, that will be done two days from now.” Counsel Alaka pleaded.

Justice Fredrick Gonde asked the Deputy Assistance DDPP who was present to explain to court why Justice Mubiro convicted the three appellants set free by Justice Alfonse Owiny Dollo Cigamoi in 2013, and convicted them later in 2016 in absentia.

“Are you similar with the criminal court procedure on the death sentence,” the Deputy Chief Justice asked the Deputy Assistance DDP.

Akello Alice Latigo testify in Court that the three appellants Opiyo Wilfred alliance Ocaya sentenced for 18 years, his court file 400 and for his co convict Opira Tome court file number2091 while the third convicted person who was still in Orom in Kitgum district, Prison 168 kilometer from Gulu City where the High Court of Appeal is sitting Okot was still on his way.

The appellants were sentenced by the Justice Mubiru in their absentia, Akello Alice Latigo argued court can the same court who set the persons free on the same count charges convicted them again.

Akello Alice Latigo told court during the hearing that Justice Mubiru even sentenced the three without the court files from lower court which set the three free, how can it be. According to Uganda Constitutions Articles 24 and Articles 29

Uganda article 24 says iii) The Constitution: Article 24 of the Constitution states that “No person shall be subjected to any form of torture, cruelty in human or degrading treatment or punishment.

Therefore, the three appellants their constitutional rights were tempered with under the Article 29 is about Protection of freedom of conscience, expression, movement, religion, assembly and association. (e) freedom of association which shall include the freedom to form and join associations or unions, including trade unions and political and other civic organizations, Akello Alice Latigo told the Court of Appeals.

Her pleas are that the problems arose that the judgement was not been in lower court, the appeal court set aside the judgement, the three accused who were set free, Justice Mubiru convicted them again in absentia, arrest warrant was issued, and the two was arrested

Justice Fredrick Gonde Ntende first says, the same court cannot trial people in the same count charges again when they were acquitted. Under trial criminal case section 123 it cannot work

“I am looking at the issues of the trial judgement, can the trial judgement sentence those who have been acquitted. We are working for the judgement of the trial, trial judges acquitted them, and they went, the same court later sentenced them,” Lady Justice Irene Mulyangoia questioned the motive of Justice Mubiru.

Justice Irene says, “It’s a fraudulent or court compliant objection, it’s their constitutional rights, if there was no appeal by DDP, then why was it considered.

“We have set the three appellants free, we are going to write the statement later” Justice Fredrick Gonde Ntende dismisses cases against Opiyo, Okot and Ocaya.

The Court of Appeal session started on Monday and it is expected to run until Thursday 30, March 2023. The Appeal High Court sitting in Gulu Northern Uganda High Court Circuit presided over by a panel of three Judges including Justice Egonda Ntende, Lady justice Catherine Bamugemerere and Lady Justice Irene Mulyangoina.

Gulu High Court of Appeal supposed to hear 16 murders cases, 4 robberies and 6 defilements one man on slaughter, 2 rape and one threatening violence, some of them are long overdue dating back in the year 2009

 

 

 

 

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