Mackenzie begs for lighter sentence as State seeks death penalty over Shakahola deaths

Paul Mackenzie is facing the possibility of execution after the prosecution urged the court to hand him the death penalty for the murder of 191 people in Shakahola, even as the controversial preacher made a last-minute appeal for a lighter sentence, asking the judge to consider the losses he and his co-accused had suffered.

Mackenzie made the appeal before Justice Diana Kavedza during the final mitigation hearing ahead of sentencing on Friday. He was convicted alongside 28 others over the deaths of 190 children and an adult in Shakahola Forest between January 2021 and September 2023.

In an attempt to persuade the court to exercise leniency, Mackenzie argued that those facing sentencing had also been affected by the tragedy, which left 429 people dead after followers were led to believe they would meet Jesus.

Through his lawyer, he asked the judge not to impose severe punishment, saying the accused had also lost property and family members.

"In a way, we lost property and our children. Something we regret, and we pray that this court have mercy and takes into account before passing a harsh sentence on us," he pleaded through his lawyer.

The defence team asked the court to look beyond the offences and consider the individual circumstances of the convicts, their conduct during detention and whether they could be rehabilitated.

Although acknowledging the devastating loss of 191 lives, the lawyers described the incident as a tragedy of immeasurable proportions. They insisted that seeking reduced sentences did not amount to disregarding the grief of families who lost their loved ones.

They further argued that the court should evaluate remorse based on the convicts' behaviour, their willingness to abandon past practices, recognition of their mistakes and commitment to obeying the law.

According to the defence, the accused had been behind bars since 2023 and had used their time in custody to participate in religious activities and various training programmes.

The lawyers particularly cited a deradicalisation programme, arguing that it had helped the convicts reconsider their beliefs and demonstrated their willingness to change before eventually returning to society.

They also told the court that the accused had undergone changes in their religious convictions and personal outlook while in detention.

Based on these arguments, the defence proposed prison sentences capped at 10 years, with the judge being asked to deduct the period already served in custody.

The lawyers also brought up the consequences of imprisonment on the convicts' families, urging the court to take the impact into account when deciding the appropriate punishment.

However, the prosecution maintained that the scale of the offences demanded severe punishment and opposed the defence's attempt to secure shorter prison terms.

Assistant Director of Public Prosecutions Jami Yamina told Justice Kavedza that only one of the convicts, Enos Amanya Ngala, had accepted responsibility, while the rest had continued to maintain their innocence.

Yamina argued that their position demonstrated an absence of genuine regret, particularly because they were still holding on to teachings associated with the deaths.

"Essentially, the convicts expressed no remorse or regret on their part. It is also absurd that they persist with the adherence to the teachings that caused the deaths" Mr Yamina submitted.

The prosecution called for Mackenzie to receive the death penalty, citing the seriousness of the crimes and the circumstances surrounding the deaths.

The State argued that if the court determined that capital punishment was not appropriate, Mackenzie should instead be sentenced to life imprisonment.

It also urged the court to impose life sentences on the other convicts, alongside structured rehabilitation and disengagement programmes to help address the beliefs associated with the Shakahola tragedy.

The competing submissions now leave Justice Kavedza to determine whether the convicts will receive the leniency sought by the defence or the severe punishment demanded by the prosecution when she delivers the sentences on Friday.