ODPP SECURES CONVICTION OF ANDREW FRANCIS OBIRAI ON A RETRIAL

In a significant legal development, Obirai Andrew Francis has been convicted by the High Court of Uganda at Soroti, presided over by the Hon. Justice Dr. Henry Peter Adonyo following a retrial ordered by the Court of Appeal.

The case involved the tragic murder of Atim Dorothy, a Journalist from Teso Region. It was the Prosecution’s evidence that on September 8th, 2013, at Soroti Senior Quarters in Soroti District, the accused, with premeditated malice, killed Atim Dorothy. Despite pleading not guilty, Obirai had previously faced trial for the same offence, resulting in a conviction and a 35-year prison sentence on March 9th, 2018. However, following an appeal, the Court of Appeal declared the initial trial null and void on 7th February 2023 due to procedural irregularities hinged on the absence of the assessors in the trial process. The Court of Appeal then ordered a retrial.

The Prosecution presented compelling evidence to the court, detailing the events of the night of September 8th, 2013. It was revealed that the accused, in a brutal act, assaulted Atim Dorothy at Plot 3 Opeta Road, Senior Quarters in Soroti City, by pouring acid on various parts of her body.

During the retrial, Florence Elaborot, the mother of Atim Dorothy, provided incontrovertible testimony, recounting how, in the early hours of September 8th, 2013, at approximately 3:00 am, she was awakened by the agonizing screams of her daughter, Atim Dorothy, who cried out in Ateso language, “Toto toto, aiar eong Obirai, Toto toto aiar eong Obirai,” meaning “Mummy Mummy Obirai has killed me, Mummy Mummy Obirai has killed me.” Reacting swiftly, the mother rushed to her daughter’s aid and promptly transported her to Soroti Regional Referral Hospital, and later transferred her to Mulago National Referral Hospital, where she endured a harrowing six-months in hospital. Tragically, Atim Dorothy’s skin began to peel off, leaving only her flesh clinging to her bones, ultimately making her succumb to the grievous effects of the acid attack.

It was revealed that the deceased and the accused had been lovers, but upon their separation, the accused resorted to stalking and ultimately perpetrating the heinous attack. Following the retrial, Obirai Andrew Francis was yesterday, 21st February 2024 meted a 50-year imprisonment sentence for his abhorrent actions.

This verdict stands as a solemn reminder of the consequences of such reprehensible acts and serves as a testament to the pursuit of justice in our legal system.

Despite being offered the services of a defense counsel at the State’s expense, the accused chose to exercise his constitutional right to represent himself. The Prosecution was led by Mr. Bagada Alex, Assistant Director of Public Prosecution, supported by Mr. Emasu Michael, Senior State Attorney, and Mr. Okello Paul and Ms. Stella Maris Lunyolo, State Attorneys, representing the Office of the Director of Public Prosecutions.

We extend our appreciation to the family of the deceased, the Uganda Police Force, medical experts, and all the other witnesses who appeared in court. Their willingness to testify again, despite the challenges and inconvenience caused by the retrial demonstrates their commitment to ensuring that justice is served.