PROSECUTION v. MPOZAYO

# PROSECUTION v. MPOZAYO

- Source: Amategeko - Section: Decisions (Judgements) - Date: 2013-06-28 - Case/document no.: RP 0058/13/HC/NYA - Collection: High Court

## Text

## Page 1

PROSECUTION v. MPOZAYO [Rwanda HIGH COURT – RP 0058/13/HC/NYA (Kamanzi, P.J.) June 28, 2013] Criminal procedure law – Guilty plea – Penalty reduction. – Having admitted an offence before the trial court and that no witness proves it otherwise in addition to inculpating witnesses makes him guilty; however since he pleaded guilty and that he was the first offender constitute the mitigating circumstances which entail the penalty reduction for him – Organic law no.01/2012OL of 02/05/2012instituting the penal code in Rwanda – articles 76, 77, 140 and 141. Facts: Aloys Mpozayo Alias Rukara was indicted by the Prosecution for having murdered his father. The accused pleaded guilty and sought forgiveness and precizes that he killed his father because he used to harass him. He states that he repeatedly beat his father and stood up to escape while he ran after him until he missed him. The Prosecution contended that all the elements of the crime were complete and there were inculpating evidence to convict him beyond reasonable doubt.. Held: The guilty plea made by Mpozayo Aloys and the fact that he is the first offender must favour him since he intentionally did in addition to the fact that his guilty plea is not contested by any person that it would lead to the search of other supporting evidence especially that there are inculpating witness who testify confirm the

## Page 2

fact. Additionally, the medical report reveals the status of the corps. Hence he should not be sentenced to the maximum penalty as provided for by the law. In contrast, he should be given an opportunity to repent and integrated in the society. The action of the prosecution has merit. Aloys Mpozayo is guilty; however should benefit the penalty reduction because of mitigating circumstance He is sentenced to 20 years of imprisonment. Court fees to public fund. Statutes and statutory instruments referred to: Organic law no.01/2012OL of 02/05/2012instituting the penal code in Rwanda, articles 76, 77, 140 and 141. Law no.15/2004 of 12/06/2004 relating to evidence and its production, article 110. Law no.13/2004 2 of 17/05/2004 relating to the code of criminal procedure as amended to date, article 33 and 35. No case referred to. Judgment

## Page 3

BRIEF BACKGROUND OF THE CASE [1] Aloys Mpozayo alias Rukara is sued by the Prosecution because on June 8, 2013 killed his father called Vincent Mugemangango whereby it is said that some misunderstanding which came up from the food they were sharing. He used a mingling stick and rwandan panga beat him repeatedly and when his brother called Byabarusara noted the situation dangerous he went to seek help and at their arrival he attempted fighting them and his father evaded went and lie down in the bush whereby he was found dead in the morning of June 9, 2013, then criminal inquiries started since then. [2] The Prosecution filed a claim against him and the hearing took place in public on June 18, 2013 Aloys Mpozayo defending himself but without a counsel while the Prosecution was represented by Deo Lambert Mugabo, a National Prosecutor. During the hearing of June 18, 2013, Aloys Mpozayo pleaded guilty and sought forgiveness stating that his father used to harass him which caused him to lose mind consequently beat his father and kept on beating him then the latter stood up and ran away and he ran after him until he missed him finally he came back and go to bed then slept. [3] After presenting inculpating evidence, the Prosecution stated that the elements constituting murder are complete. The Prosecution added that concrete inculpating evidence are available. The prosecution ended requesting the court to sentence him to life

## Page 4

imprisonment and advised the civil party that they would claim for damages. [4] After hearing both sides, the hearing was completed and the court informed litigants that the judgment delivery was fixed on June 28, 2013 at 10 am. ANALYSIS OF LEGAL ISSUES Regarding the guilty plea and forgiveness seeking. [5] In examining whether the guilty plea and forgiveness seeking made by Mpozayo can favor him, the court notes that since his apprehension by the judicial police he was characterized by the admission, guilty plea and forgiveness seeking. Article 35 of the Law no.13/2004 of 17/05/2004 relating to the code of criminal procedure as amended to date states : ‘‘When a person unequivocally admits to have committed an offence, the provisions of article 33, paragraphs 2 and 3 of this law shall apply in the course of investigation and prosecution and the trial judge or magistrate can reduce the applicable sentence to a half’’. This implies that the guilty plea and the forgiveness seeking made by Aloys Mpozahayo should favour him because he personally did so and that some of legal scholars’s reasoning on this issue like Tomas de Torequemada the first Spanish Grand Inquisitor, mugitabo The Magical Maze by Ian Stewart page 87 explains in his book theMagic“A confession was acomplete proof of

## Page 5

guilty…,Hinging on confessional evidence, have in the last few years been over turned because of severe doubts that the confessions were genuine” [6] He proves that the guilty plea does not conlusively mean that he/ she is really the real offender, while Matthews in conluding on the issue states : “One of Matthews’ most surprising conclusions is that there are circumustances under which the existence of a confession adds weight to the view that the accused is innocent rather than guilty” He calls this discovery the ‘interrogator’s fallacy’.The idea offers ageneral reason for mistrusting confessions in some cases, un less they are supported by appropriate corroborative evidence: [7] The fact that Aloys has killed his real father called Vincent Mugemanshuro by repeatedly kitting him on the head a mingling stick and a panga of rwandan type while none else states it otherwise so that no other corroborating evidence is needed especially that there are witnesses including Byabarusara, his minor brother who was together with the mat when the incident occurred who inculpates him and explains how the incident happened ( mark 7 - 8) and Cyprien Hagenimana ( mark 9 - 10) who intervened and and saw Aloys Mpozayo beating his father on the head( mark 7- 8) and the medical certifiate (mark 12) which indicates the status of the corps, article 140 of the law no.01/2012 of 02/05/2012 instituting the penal code provides that a person who kills any of his/her parents, whether or not such

## Page 6

parents are biological or legally recognized shall commit parricide. It is punishable by life imprisonment [8] However, since the court is convenced of the principle that the first offender should not be sentenced to maximum penalty provided for by the law since in analysing the pleading of of the offender and he/she also assess the applicable sentence for the committed offence. “ A bifurcated trial,in which the jury first decides whether the defendant is guilty, and a sentencing stage, at which the jury determines punishment after hearing evidence of aggravating or mitigating circumstances. The condemned prisoner must be given an opportunity to present mitigating factors in his defence,no matter how heinous his crime”; [9] Since Aloys Mpozayo should be given an opportunity to repent and ber e integrated in the society for normal life, the court is convenced that he should be given the time to think about the crime he committed since he stated that he will nor recidive, article 110 of the Law no.15/2004 of 12/06/2004 relating to the code of criminal procedure states that “A judicial admission refers to to statements the accused or his or her representative makes before the court” [10] Since in the hearing of June 18, 2013 Aloys Mpozayo admitted before the court that he killed his father and that there is other supporting evidence as highlighted above, he is guilty of intentional parricide

## Page 7

since, taking into consideration the used toolm ( the mingling stick and a panga ofrwandan type) the body part on which he beats ( on the head) while he premeditated on what he was intending to do which is killing since he quarreled with his father upon the cause that he told him that he was chewing much food, it is an act which is punishable by article 14 of organic law of no.01/2012 as highlighted above since he deliberately committed an offence but since he pleaded guilty and sought for forgiveness and that he is the first offender, basing on article 76 – 77 of Organic law no.01/2012 he is punished by 20 years in prison counted starting from the time of pre trial detention dated June 10, 2013 ( mark 19) [11] Receive the action of the prosecution since i twas filed in conformity with the rules of procedure and it has merit. [12] Holds him guilty of parricide but should benefit the penalty reduction taking into consideration the mitigating circumstances. [13] Decides that Aloys Mpozayo is convicted and sentenced him to 20 years in prison to be counted from the time of pre trial detention. [14] Court fees are charged to the public treasury since Aloys Mpozayo is exonerated of by virtue of law.