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{
    "id": 974460,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/974460/?format=api",
    "text_counter": 347,
    "type": "speech",
    "speaker_name": "Sen. Orengo",
    "speaker_title": "The Senate Minority Leader",
    "speaker": {
        "id": 129,
        "legal_name": "Aggrey James Orengo",
        "slug": "james-orengo"
    },
    "content": "Madam Temporary Speaker, the other issue that we can also deal with at the time we will be looking at the Bill and possibly deal with the amendments, is if somebody is party to an agreement to defer and it ends up without a prosecution, what do you do with the evidence before the institution dealing with the investigations? This is because in Article 50 of the Constitution, there is right to keep quiet. In the interest of having a plea bargain, one has an agreement to defer prosecution or a plea agreement. If it is or not undertaken successfully, there should be a statement saying that whatever comes out in that process, which the subject party offers in pursuit of negotiations which may fail, then it cannot be used in criminal prosecution. They can be used somewhere else but under the law, even if I record a statement today and it was a confession, but there was no caution administered under inquiry or charge, then that statement cannot be used. This is in recognition of Article 50 of the Constitution, which has been a standard practice since the Magna Carter came to be. We should not, in the enthusiasm of fighting corruption, erode fundamental rights which have become central pillars of democracy in free nations; some of them which have survived since the Magna Carter. I conclude by saying that if this tool is used effectively, then this is a wonderful opportunity. I can see a lot of research has been put into this. I know Sen. Farhiya belongs to another profession but looking at the way this Bill has been formulated and crafted, probably Sen. Wetangula would have agreed that this is the work of a senior counsel or an experienced lawyer. Sen. Farhiya, this is wonderful work. The product of your work can only be effective if the law is used effectively also. This is because there are many botched up prosecutions and investigations, because the people who were offered those tools do not use them effectively. Sen. Wetangula and I, probably in our profession know that if you have a good case which has been properly and thoroughly investigated, then it does not matter which lawyer you hire. In fact, we are offering a tool here that if a lawyer finds that there is no alternative, but to plea-bargain and enjoy the opportunities offered by this Bill."
}