Judge raps prosecutors over poorly drafted charges

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High Court judge, Susan Okalany, has castigated state attorneys from the office of the Director of Public Prosecutions (ODPP) over the quality of charges and indictments, which they are presenting before courts saying it has gone down.

Okalany, also a former state prosecutor at the rank of Assistant DPP before being appointed a judge, made the remarks while giving a keynote presentation during the Uganda Association of Prosecutors (UAP) annual general meeting at Fairway hotel in Kampala on December 13, 2024.

She implored the prosecutors to use normal English as they prepare charge sheets and indictments in line with the facts of each case to avoid losing cases which they could have easily won.

“I am sorry to tell you this but I have to say so. The quality of charges and indictment has gone down. Let us prepare them with normal English to make the court know that you understand what you are doing. Let us grammaring as we prepare the charges and indictments otherwise courts are finding difficulties in understanding some of the charges you are preferring,” Okalany said.

Concerning the confusion between defilement and human trafficking cases, Okalany said it is important that the prosecutors explain to the courts clearly the facts of each case.

“I know that when you bring charges of defilement at the Criminal Division of the High Court, you are finding a problem in explaining that these are child marriages. The good thing is that for us at the International Criminal Division of the Court we cannot throw out any charge even if it is defilement because we have the jurisdiction,” Okalany said.

In regard to human trafficking, Okalany said there are sufficient legal frameworks to combat the vice but prosecutors only need to gain knowledge about the laws.

Presiding over the event, Deputy Chief Justice Richard Buteera, also the patron of the prosecutors’ association said it is a global phenomenon and it thus requires mutual cooperation to combat it.

“Human trafficking cases require mutual cooperation with law enforcement officers in other jurisdictions. Utilise the existing national and international legal frameworks to seek international cooperation from other states where the relevant evidence could be obtained,” Buteera said.

Buteera, however, commended the ODPP for introducing prosecution-guided investigations and coming up with standard operating procedures for investigating and prosecuting cases of trafficking in persons in the country.

“Your mandate places you at the centre of our criminal justice system. You are in a vital position in directing investigations, sanctioning files, and prosecuting criminal cases in courts. Uganda is not only a source but a route for human trafficking. The Government has put in place laws on human trafficking, but they need to be implemented. You are in a pivotal position if we are to implement the laws we have in place. Ensure that those accused of human trafficking are held accountable within the existing legal framework,” Buteera said.

He urged prosecutors to guide police investigations to ensure that evidence is gathered in compliance with constitutional guidelines.

Buteera also said prosecutors must also ensure that charges are properly filed and comply with governing laws, such as the Trial and Indictment Act.

According to Buteera, a poorly drafted charge sheet can lead to the acquittal of accused persons even if prosecutors have overwhelming evidence.

He acknowledged that effective prosecution requires a good understanding of laws and guidelines for prosecutors.

Buteera advised prosecutors to prepare witnesses properly including preparing them to testify in court without fear. He also encouraged prosecutors to educate the public about their work through radio, community outreach and public lectures.

The former DPP, Buteera, further advised that guidelines should be put in place to avoid ways of re-traumatising the victims of crime and noted that he was happy that the ODPP has child-friendly rooms.

The Director of Public Prosecutions (DPP), Jane Frances Abodo. (File photo)

The Director of Public Prosecutions (DPP), Jane Frances Abodo, asked Buteera to help her ensure that her office is involved in the drafting of the cause list of cases for trial to plan accordingly than the current practice where she is merely served with the cause list. Deputy Inspector General of Government Dr Patricia Achan emphasised the need to disrupt the human trafficking chain in Uganda.

Achan questioned the current efforts to combat human trafficking and expressed concern over the apparent silence of law enforcement agencies.

Achan highlighted the issue of recruitment agencies taking people abroad, noting a clear link between corruption and trafficking.

She stressed that corruption allows human trafficking crimes to remain hidden, ultimately weakening democracy and stalling development.

The President of the Uganda Prosecutors Association Immaculate Angutoko underscored the need for the DPP to put in place a policy on transfers saying it is something which is giving sleepless nights to the prosecutors.

Angutoko also revealed that the association brings together prosecutors from ODDP, Inspectorate of Government, Uganda Wildlife Authority (UWA) and National Forestry Authority (NFA).

Last month, Abodo revealed that a total of 1,037 victims of human trafficking were identified and rescued between January and October this year.

Human trafficking involves exploitation of others in the form of sex, child marriages, labour, slavery or practices similar to slavery, servitude or the removal, manipulation or implantation of organs among others.

The police report

The 2023 Annual Police Crime report indicated that cases of human trafficking in the country decreased by 16.6%.

The report indicates that in 2023, the police recorded 1,006 cases of trafficking in persons compared to 1,200 cases in 2022.