BMS lawyer Matthew Price interviews Martin Erone, the chairman of BMS' partner, Ugandan Christian Lawyers' Fraternity (UCLF). Martin is the principal legal officer at the Uganda Electricity Transmission Company where he has a plush, air-conditioned office, next to that of the chief executive officer. Matthew began by asking him why he gives up his free time to represent those accused of murder for no charge.
Martin had been allocated the case of two brothers due to be tried for murder at Kampala high court. Together they were accused of murdering both their parents. After the death of their parents, the boys were arrested and confessed to the murders at the police station. When interrogated by the police, the brothers explained that their parents had been involved in 'mayembe' witchcraft and had threatened to kill them. This was a very real threat to them - another couple in their village had died as a result of their parents' witchcraft - so they took matters into their own hands and killed their parents to protect themselves.
"As a Christian, being involved in this case really challenged me," says Martin. "During the trial when the photographs of the murder scene were brought in evidence and it was so very gruesome, I really thought to myself, 'why am I involved in this case?'" But immediately after, another thought came across Martin's mind, "What would God require of me as an advocate in this situation?" And this, for Martin, is the fundamental answer to the question, why does he do it? He explains, "It is right that these brothers face the consequences of their actions. But, at the same time, our system requires that both the state and the accused persons have representation, then the judge and assessors make their decision. If the brothers were to have no representation, then the trial would not be fair." In fact, Martin believes if an accused person does not have representation, they are almost certain to be convicted, regardless of the evidence against them.
Whilst representing the brothers, Martin was able to share with them something of the love he was convinced God still had for them. He says, "Very early on I realised both the brothers were remorseful, most especially the older one, indeed they wanted to plead guilty, but because it was a capital offence, the judge would not allow it."
Martin is absolutely certain that it is not his role to work for guilty men and women to be set free, but by representing them he tries to ensure that a fair and just verdict and sentence is passed. He says, "Society condemns people as soon as they are arrested and charged, whether or not they are innocent or guilty in the end. That stigma is very difficult to shake off."
In Uganda there are only limited state funds for state briefs. "In fact," Martin says, "the lack of funds for state brief lawyers is one of the main reasons for delays in the criminal justice system. Trials can't go ahead without defence lawyers and defence lawyers cannot be found without money to pay them. That is until UCLF came up with pro bono volunteers and the criminal public defence project."
UCLF's intervention in both high courts and magistrates courts means that more trials are happening and more remand prisoners are being given the opportunity of justice.