Page 43 - Msingi Afrika Magazine Issue 7

FEATURES

...for us to trigger transformation, we must
be the bridge that connects the offender and lieve he is now a changed indi-
those offended as well as the society at large, in vidual currently focusing on pos-

order for both to bear the fruits of forgiveness itive things.
and love. We don't have to be practicing
lawyers or even part of the le-
gal profession to be agents of
satisfaction whenever, by God's which carries with it a life impris- change in this area. We can
grace, God has used me to bring onment penalty. I was then ad- do it in our small ways as God
change through my practice and vised to mitigate on his behalf. I leads us. This is a common
with the understanding that it is prayed and faced the magistrate problem cutting across the en-
God working to bring change to having prepared my mitigation tire continent of Afrika. The
some of the people whose cas- submissions. question is, will you make room
es l took up on pro bono, or with for someone's life to be trans-
very little resources coming in I made a very ambitious request formed through you, especially
from the client. One such case and asked the court to commit those that are deemed to have
is a case of a young man who him to a non-custodial sentence. wronged the society we live
accidentally killed his girlfriend. The prosecution of course found in? In the same breath, will you
When called to represent him this laughable and strongly make room for someone to for-
l had the opportunity to either submitted that my client was a give and find healing… those
allow him to tell the truth, while danger to society and ought to who have been offended by
recording his statement or tai- be sentenced to life in prison. those in custody? It is indeed a
lor-make it to suit an acquittal, as In my mitigation l strongly sub- difficult task, but having offered
there was no eyewitness or evi- mitted of the fact that my client a bit of the background on what
dence directly connecting him to was very remorseful and repen- transpires in our criminal justice
the scene of the crime. I prayed tant. He was going to live with system, l hope God, who is the
about the case and was led to this guilt for the rest of his life. I very epitome of love will help
advise him to give an accurate also indicated that twice, my cli- you make the right decision and
account of what transpired in his ent and his family had asked for impact society.
statement. His statement was forgiveness from the deceased’s
produced in court during trial as family. It was with a lot of relief
evidence of his admission of the that the magistrate asked for a
offense. This basically meant pre-sentence report to be pre-
that a conviction had already pared by a probation officer, be-
technically, been procured by fore sentencing my client. The
the prosecution. I advised him downside of the directive was
to ask for forgiveness from the that the probation officer was
deceased’s mother. One day af- to visit the deceased’s mother
ter the court session he walked and establish whether she had
over to the deceased’s mother genuinely considered forgiving
and asked for forgiveness. my client and whether she had
indeed forgiven him.
We proceeded with trial and
before it came to a close, l felt We did not know the outcome
Walter Owaga is the Managing Partner
a burden to tell him to ask his of that process however, when
and Senior Legal Consultant at Owaga
family to reach out to the de- the sentencing date came my and Associates Advocates.
ceased’s mother and once again client was sentenced in respect He has over 12 years of broad
show remorse and ask for for- to a lesser offense of involuntary experience in Commercial Litigation,
giveness. After a lot of struggle manslaughter and directed to Corporate Law, Legal Advice,
the family managed to reach out serve a non-custodial sentence Intellectual Property, Legal Research,
to the deceased’s family. At the for six months. The upshot of Legal Writing, Corporate Governance,
Civil Litigation, Legal Compliance, Due
end of trial, the young man was this is that the fellow saw the
Diligence, Employment Law, Mediation,
found guilty of manslaughter, hand of God at work and l be-
among others.

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