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Court expresses regret to guy who served 11 years in prison

Mon, 17 Apr 2023 Source: Alby News Ghana

What you should know is:

William Obore won his battle to be deemed an innocent man in a landmark decision in which the appeal court expressed regret to him, over 12 years after he was found guilty of aggravated robbery.

The three Court of Appeal judges who made the decision before they signed a 17-page verdict expressed "deep regret that the appellant has now been in prison for more than 11 years from the time he was arrested."

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Justices Hellen Obura, Catherine Bamugemereire, and Christopher Madrama made note of the fact that Mr. Obore's 2012-filed appeal was considered more than nine years later. They added that his acquittal came after he had already served nearly ten years after his conviction.

"The applicant has undoubtedly experienced significant unfairness. The justices wrote: "We make a modest appeal to the registry of this court to fix appeals for hearing on the basis of 'first in first out' to avoid such embarrassing situations. We are well aware of the setbacks that this court has endured in the past.

When an innocent person is found guilty of a crime they did not commit, it is a case of wrongful conviction. In Uganda, the causes include ineffective legal counsel, improper behavior on the part of the police, and false confessions. Convictions of this nature have detrimental effects on the victim, their families, and communities. Additionally, they have broader social implications, such as eroding public confidence in the criminal justice system.

Exonerated

Mr. Obore received a 20-year prison sentence after being found guilty by former High Court Judge Stephen Musota on April 16, 2012.

Judge Musota sat in the Appeals court throughout the time between Mr. Obore's false conviction and exoneration, and he was most recently promoted to the Supreme Court. He was named Chief Inspector of Courts in January by Chief Justice Alfonse Owiny-Dollo.

Judge Musota's ruling dissatisfied Mr. Obore, who appealed both his conviction and sentence on the grounds that the trial judge erred in law and fact by failing to properly consider the identification evidence and incorrectly convicting him of the crime of aggravated robbery.

The trial judge "erred in law and fact when he sentenced the appellant to 20 years in prison, which sentence was without justification," the defendant argued in his appeal of the sentence.

The appellate court concluded that there is some uncertainty about Mr. Obore's "participation in the offence beyond any reasonable doubt" after finding that the material on file supports Mr. Obore's acquittal and order for his immediate release.

As a result, it decided in his favor. The appellant is not guilty of the crime of aggravated robbery, we decide. The learned trial judge would have reached this conclusion had he properly and critically examined the material mentioned above.

Details

In violation of Sections 285 and 286(2) of the Penal Code Act, Mr. Obore was charged with, tried for, and found guilty of the crime of aggravated robbery.He was given a 20-year prison term.

The High Court was informed that on January 6, 2011, Anthony Olupot was robbed at gunpoint of a motorcycle with the registration number UDN 468D at Kanyumu Trading Center in Kumi District by Mr. Obore. Furthermore, it was claimed that Mr. Obore threatened to shoot the victim either before or just after the crime in question.

According to the prosecution, Mr. Obore hired Mr. Olupot, a motorcyclist, to drive him to the Kanyumu Trading Center.

When they arrived at Kanyumu Town Council while riding the same motorcycle, Mr. Obore allegedly stated he couldn't find his wife there.

The prosecution further claimed that he told Mr. Olupot to take an alternate path to Ngora at that point. Mr. Obore allegedly asked for a stop when driving past Oyalaituk Swamp so he could relieve himself, but he later returned wearing a black cloak.

According to the High Court documents, Mr. Obore pulled a gun and a knife and demanded in Swahili either the victim's motorcycle or his or her life. According to reports, the terrified victim abandoned the motorcycle and fled. Mr. Obore rode away. After a case was filed, he was later taken into custody.

Case

On April 16, 2012, Mr. William Obore was found guilty of aggravated robbery without adequate identifying evidence by then High Court Judge Stephen Musota and given a 20-year prison sentence.

Source: Alby News Ghana