SPEAKING OUT - SMACK OBs

Mr. Michael Wamasebu is Assistant Director Public Prosecutions

Is the office of the Directorate of Public Prosecutions (DPP) part of the Judiciary?
 No. The office of the DPP is an independent arm of the Government (Executive) charged with the duty of prosecuting criminal cases in all courts of law other than the Court Martial. The office conducts prosecutions in courts of law on behalf of the public just like defence lawyers defend the interests of the persons charged with criminal offences in the same courts of law. The courts make independent decisions after hearing evidence from both sides.
Why then are DPP Prosecutors called “Officers of Court” if they are not part of the Judiciary?
 DPP Prosecutors and indeed all other prosecutors and defence lawyers who appear in courts of law on behalf of their clients are called “Officers of the Court” because their role is to assist the courts arrive at just decisions. As officers of court they are bound by their codes of ethics as regards what they can lawfully do or not do in the pursuit of justice for their respective clients while appearing before the courts of law.
Does the office of the DPP control the police?
 No. The police are not under the control of the DPP. The police are however required to forward police case files where offences have been committed to the office of DPP for advice on who should be prosecuted and for what offence. Once the office of the DPP has taken this decision, the police carry out more inquiries if required, summon witnesses and the office of the DPP conducts the prosecution.
Can the Office of the DPP Direct police what they can or cannot do during a criminal investigation?
 Yes. Under the constitution of Uganda, the DPP can direct police to investigate any information of a criminal nature and to report to him the results expeditiously. The DPP also has power to direct the police to institute criminal proceedings against any person or authority in any competent (lawful) court other than a court martial.
If a citizen of Uganda or any other person has been arrested by police can the DPP be of any help to the relatives or friends of such a person?
 Yes. The relatives, friends or any other concerned member of the public can lodge a written complaint to the DPP regarding any case of arrest by police. The office of the DPP can then call for the police file for perusal. If they find no evidence, then they advise police to release such a person who are the subjects of wrongful arrest.
Does DPP have anything to do with cases of suspects arrested by VCCU (formerly Wembley)?
Yes, VCCU is part of the police (CID). They investigate cases and submit files to DPP through the office of the Director of CID for perusal and legal advice.
Does the office of the DPP handle cases emanating from the Special Revenue Protection Service (SRPS)?
 Yes, these cases are forwarded to CID. The CID forwards them to DPP for handling and prosecution in the ordinary course of business.
What is the role of a complainant/victim during investigation and prosecution of a criminal case in a court of law?
 During investigation, the complainant/victim is expected, at the earliest opportunity to report the case to the nearest LC or police station. It is very helpful if in this report the complainant/victim includes important details such as identity (if available) of the suspect or description of the offender and such other information as will help police arrest the offender or recover property stolen to be used as exhibits during trial. During trial, the complainant/victim is expected to respond to court summons to come to court and give evidence. He is also expected to assist the police where he or she is in a position to do so – to trace the whereabouts of the witnesses so that the police can summon them to come to court and give evidence.
Does a complainant/victim have discretion to reconcile with and forgive an offender who is already in court undergoing trial in the High Court or in the magistrates’ courts?
 In the Magistrates’ Courts a complainant/victim has power to reconcile with the offender for an offence of a personal nature such as assault. In respect of all other cases in the Magistrates courts and all cases triable by the High Court, he/she has no discretion or option to reconcile with the offender. However if for any reason the complainant/victim does not wish to continue with the case in the High Court or in lower courts, he/she can write to the DPP. The DPP will study the case and advise the complainant accordingly.
What should a member of the public who is not satisfied with the out come of a criminal prosecution do?
 He is advised to seek advice from the office of the DPP. This should in all cases be done before expiry of two weeks within which an appeal is supposed to be filed under the law.
What is the difference between the Roles of the DPP and the IGG in the prosecution of criminal cases?
 The office of the IGG like that of the DPP are created by the constitution. The office of the DPP handles all criminal cases whereas the office of the IGG specializes in corruption cases. This means that corruption cases can be handled by both offices while all other cases are handled by or on behalf of the DPP.
Does the role of the IGG then not clash with or overlap that of the DPP in corruption cases?
 No. This is because IGG prosecutes cases investigated by its own staff. These cases are not submitted to police or DPP for perusal or prosecution. On the other hand, DPP mainly deals with cases investigated by police. It is also the practice that IGG and police (CID) do not concurrently investigate the same case or cases.
Are there special courts dealing with corruption where the IGG prosecutes as opposed to DPP?
 No. Corruption cases are in the first instance dealt with by Chief Magistrates who also deal with other non-corruption criminal cases. The prosecutors in IGG’s office just like those in the DPP’s office have a right of audience in all competent courts other than the court martial.
Where are the offices of the Directorate of Public Prosecutions?
 The Directorate of Public Prosecutions has offices in most of the districts in Uganda. In Kampala area there is the Head office and offices in Buganda Road Court, Nakawa, Makindye and City hall. These offices are headed by either Resident State Attorneys or resident State prosecutors. Members of the public are advised to go to the DPP’s office in Kampala. It is always advisable that all complaints to DPP be in writing.
Where is DPP’s Head office in Kampala
 12th Floor, Northern Wing; Workers’ House Plot No. 1 Pilkington Road. The Directorate has a website: www.dpp.go.ug