Why Draru was released before completing her jail term (original) (raw)
Lydia Draru, the woman who was convicted for stabbing Major General James Kazini to death was released after a remission of four years for good conduct, prison’s publicist Frank Baine has confirmed.
Kazini was murdered on November 10, 2009 at Draru’s home in Wabigalo Zone, Makindye division in Kampala.
He was struck on the head with a metallic bar during a domestic brawl with Draru, his mistress at the time.
THE EVIDENCE
Draru was formally charged with murder on November 16, 2009 after she confessed to killing Kazini in her extra-judicial statement before Buganda Road Court Magistrate, John Wekesa.
Draru told court that she killed Kazini in self-defence.
She said she hit him three times on the head with an iron bar, killing him instantly.
On September 31, 2011, Justice Monica Mugyenyi sentenced Draru to 14 years in jail for killing the former army commander.
EARLY RELEASE
Asked why Draru was released earlier than the expected date, Baine said Draru whose prison number was PRS NO.LWP 111/2011 was considered for remission.
Remission is reduction of the term of a prison sentence, usually due to good conduct or skills attained. Remission is earned through hard work and discipline except on the part of condemned prisoners. Baine said.
According to the Prison’s Act, remission is a third of the term of imprisonment a convicted person is to spend in jail.
“Draru served 10 years, the rest of the four years seven months and 20 days being remission. If one has been imprisoned and part of their sentence is remitted, this implies that the person does not have to remain in prison for the full period of their sentence,” Baine explained.
“Considering the above factor, Draru who had so far served 10 years of her jail sentence and expected to gain freedom in 2025 was released on January, 12, 2021 after a remission of four years for good conduct,” Baine said.
Baine said several assumptions surround what happens when convicts cross over to prison after a verdict is passed and a jail term set.
The common misconception is that day and night are each counted as a day in prison but Baine says this is not true because 24 hours are counted for a day and 30 days every month. What public sees as shortened prison terms served by convicts is provided for under the Prisons Act of 2003 as remission.
“Therefore it is a subjective award, it can be given and it can be taken away and the withdraw is called loss of remission. Remission allows convicts who have been sentenced a reduction of their jail term by 1/3 of the total period,” Baine explains.
While remission is legally provided for, not every prisoner is a beneficiary. Vagabonds, vagrants, perpetual offenders, those on preventive arrest, those sentenced to life and death are exempted.
REMISSION NOT MUST
Beneficiaries of remission can also lose their reduction on indiscipline basis.
Baine said, “When you commit any offence in prison such as fighting in prison, if you are got with prohibited articles such as opium, cigarettes, sharp objects which would be a danger to fellow inmates, being indisciplined before the staff, one of the things you lose as a convict is remission,” Baine explained.
He added that inmates who fail to work on prison projects lose remission unless they are genuinely sick.
On conviction, courts of law take into consideration the remand period which is subtracted from the jail term.
THE JUDGEMENT
The judge noted that prosecution had failed to prove beyond reasonable doubt that Draru killed the deceased with malice aforethought, despite the fact that she confessed having killed her lover (Kazini) Mugyenyi acquitted Draru of murder and instead found her guilty of a lesser charge of manslaughter considering the circumstances of the case.
She sentenced her to 14 years’ imprisonment.
Kazini