The Cost of Freedom

Esther is a vital member of Pepperdine's team of attorneys in Uganda

Omar was held at Buikwe prison, about two hours (but only 28 miles) from Kampala. Omar was accused of taking about $10,000 worth of construction materials from his employer.

He had been in prison since May.

Omar didn’t have enough money or collateral to post bail. So, Omar sat in jail.

Omar had several court hearings over the last 9 months. At each one, the prosecutor asked for more time to produce witnesses and evidence. However, since the date of his arrest the prosecutor has not produced any evidence. She did not summon a single witness to Court. Not even the alleged victim – a businessman so damaged that he demanded the arrest of his employee – has bothered to come to Court or even respond to calls and messages. But still Omar sat in prison.

Last Monday, Esther, an advocate with Pepperdine’s Sudreau Global Institute, traveled to Buikwe to chat with other clients. Omar was not a client. We did not know that he existed. But during a quiet moment, Omar approached Esther and asked if she could help. Omar did not want to admit guilt but he was willing to negotiate his case out of desperation born of 9 months in prison. He was willing to plead guilty, even if he wasn’t, just for the opportunity to move his case forward.

The prosecutor made Omar an offer – plead guilty and agree to five years in prison.

That is a MASSIVE sentence. Five years is many times more than what a violent offender would expect to receive after a guilty plea. Omar was not a violent criminal. We were not sure if he was a criminal at all.

Esther advised Omar that it was not in his best interest to accept the offer even though it meant sitting in prison and continuing to wait.

Then Esther began her own investigation, looking closely at the evidence and information in the police file. Although Esther pointed out many defects in the prosecution case and mentioned that Omar had been in custody for months with no progress, the prosecutor was rigid. 5 years is the best Omar could hope for if he pled guilty. If Omar went to trial and lost, his sentence could be even longer.

Rather than continue to negotiate, Esther stood up for Omar when his case was called. Esther represented Omar as his public defender that morning. This is a new part of the Pepperdine program here, representing clients who may decide to go forward to trial rather than plead guilty. For the first time, Omar had an lawyer that knew him, knew about his case and knew the law. Omar had an advocate.

When Omar’s matter was called, Esther asked the magistrate to dismiss his case. Given the lack of progress, the dearth of evidence and the complete lack of testimony during the last 9 months, the magistrate agreed. The magistrate dismissed Omar’s case.

When Omar woke up on Monday, he had no hope, no advocate and no understanding of when – if ever – he might be free. On Monday midmorning, he had a terrible offer from a rigid prosecutor that would have kept him in prison for 5 or more years. By Monday afternoon, Omar had a lawyer and his case was dismissed.

This happened because Esther went out to this prison. Esther took a moment to speak with Omar between other cases. Esther engaged, cared and helped. It wasn’t hard, it didn’t require dozens of lawyers or even many hours. Omar just needed SOMEONE to pay attention and stand up for him.

By Tuesday afternoon, Omar was released and was home for the first time since May. No conviction, no guilty plea, no criminal record. All because Esther showed up.

Total cost for Omar’s freedom?

Well, transport out to Buikwe and back was about $50. Esther also went to a couple of other prisons on the way. She resolved 5 cases, including Omar’s. She saw many other clients and worked on their matters. Of course, we pay Esther. She is a very skilled and passionate young advocate. Pepperdine pays for her phone airtime for her work on client matters. But if we add all of that together – transport, time, cell minutes, etc. – the cost of Omar’s freedom is less than $11.

9 months in prison, around 270 days, resolved for less than the cost of a couple of lattes or a month of Netflix.