Principal Judge Justice Flavian Zeija has criticized senior official Mics Isiah Wanamama from the Directorate of Public Prosecutions (DPP) for allegedly manipulating the plea-bargain process to reduce charges against Moses Ongoriya, a former security guard at Quality Supermarket, from murder to manslaughter. Justice Zeija quashed the plea agreement and ordered a retrial, citing significant flaws in the handling of the case.
The case dates back to July 9, 2019, when Ongoriya, then employed by Saracen Security Ltd, fatally shot Arnold Ainebyona in the parking lot of Quality Supermarket, Naalya-Namugongo. The incident arose after a shopping cart Ainebyona and his brothers had used accidentally collided with a parked car. Despite assessing the stationary vehicle and finding no visible damage, the trio attempted to leave the premises. However, another security guard, Awazi Babu, intervened, demanding they wait to discuss the matter with the vehicle’s owner. This confrontation escalated, leading Ongoriya to retrieve his firearm and shoot Ainebyona.
Initially charged with murder, Ongoriya later entered a plea bargain facilitated by Wanamama, resulting in the lesser charge of manslaughter and a six-year prison sentence. The plea deal sparked outrage and was subsequently challenged by the DPP, who accused Wanamama of exceeding his authority and undermining justice.
In her petition, Assistant DPP Margret Nakigudde argued that the reduction of the charge was not supported by the evidence, which pointed to a clear case of murder. She contended that the plea agreement constituted an abuse of prosecutorial powers and misrepresentation of facts. Justice Zeija concurred, stating that the evidence presented strongly supported a murder charge and that the decision to amend it was irrational and unjustifiable.
“The facts of the case clearly satisfy all the elements of murder,” Zeija emphasized in his ruling. “Prosecutorial discretion must be exercised judiciously and in alignment with the pursuit of justice. There was no new evidence to justify the reduction of the charge, making the amendment both irrational and contrary to public policy.”
The court ruled that allowing the plea bargain to stand would undermine public confidence in the judicial system and set a dangerous precedent in cases involving serious crimes. Justice Zeija noted that the High Court has a responsibility to intervene in instances where justice is compromised.
The retrial order reinstates the original murder charge against Ongoriya, giving him the opportunity to present his defense in a full trial. The ruling underscores the court’s commitment to ensuring accountability and upholding the integrity of the legal process.
