Ensure Speedy Trial--Chief Justice (spread)
The Chief Justice, Mrs Theodora Georgina Wood, has appealed to players in the justice system to ensure the speedy adjudication of cases to reduce the backlog of criminal cases pending at the various courts.
She said the pending of cases in the law courts for a long time had created a problem where suspects had been remanded for longer periods.
Opening this year’s Criminal Session (Criminal Assizes) of the High Court in Accra yesterday, Mrs Justice Wood said such long delays were a blot on the country’s human rights record.
The Criminal Session is a trial by a presiding judge and jury for more serious cases, which, by law, cannot be tried by a judge alone. The session adjudicates cases of murder, attempted murder, manslaughter, robbery, rape, use of offensive weapons and having unnatural carnal knowledge.
Sixty-nine cases — made up of 33 on murder, 12 on manslaughter, 19 on rape, four on the use of offensive weapon and one on unnatural carnal knowledge — have been listed for hearing this year.
This year’s Criminal Session would be presided over by Justices Senyo Dzamefe and Charles Quist.
Before they are brought to the High Courts for trial by a judge and jury, the cases pass through the District Courts for preliminary hearings or committal proceedings to take place. Because of the nature of their cases the accused persons are held in custody.
Mrs Justice Wood stated that all stakeholders in the judicial machinery had a sacred duty to assist in a fair and speedy adjudication of all criminal cases, especially in instances where the accused persons had been kept in custody until a judicial determination of their guilt or otherwise.
The Chief Justice said the justice system was bedevilled with a myriad of challenges and noted that in order to address the difficulties, especially those related to remand prisoners, most of which were listed for hearing, there was the need for all key stakeholders “to approach their work with unparalleled commitment, diligence and passion”.
“That is the only way by which the real change in justice delivery which we desire can be achieved,” she stated.
Mrs Justice Wood said the failure of any person assigned a responsibility by the courts in matters pertaining to criminality created untold difficulties for others in the criminal justice system, particularly the accused person, whose enjoyment of personal liberty had been curtailed as he or she awaited trial.
She advised the jurors to uphold integrity, honesty, justice and fair play, principles for which they were selected, adding that any decision they arrived at must be based on facts and not extraneous matters and corrupt influences which would lead to a grave miscarriage of justice.
Mrs Justice Wood also advised the media to base their reportage of court proceeding on fairness, balance and professionalism.
“Do not condemn or convict any accused person in the court of public opinion before the verdict is pronounced in any case under due process,” she stated.
The Attorney General and Minister of Justice, Mrs Betty Mould Iddrisu, for her part, said the opening of the session was in fulfilment of the requirements of the rule of law and the fundamental human rights as enshrined in the 1992 Constitution.
She said although the session remained an important event on the legal calendar, it was plagued with multiple challenges, noting that several of the cases to be heard dated back to as far as 1994 and, in some instances, investigators had been sent on transfer and witnesses unavailable.
She commended the Chief Justice for her initiative on the “Justice for All” programme, which sought to deal with accused persons in custody whose trial had been unduly delayed.
Mrs Iddrisu observed that the country’s legal aid system also had its own challenges as most often, lack of defence counsel for accused persons caused a lot of delay.
She, therefore, expressed appreciation to the Ghana Bar Association for its desire to encourage more lawyers to provide free legal aid to those who needed it.
Meanwhile, the first case for the session involving a murder suspect, Robert Ofori Boahen, was adjourned to January 27, 2009 because the suspect had no legal representation.
A presiding judge, Mr Justice Dzamefe, directed the Legal Aid Scheme to assist in providing the suspect with a counsel within seven days.
She said the pending of cases in the law courts for a long time had created a problem where suspects had been remanded for longer periods.
Opening this year’s Criminal Session (Criminal Assizes) of the High Court in Accra yesterday, Mrs Justice Wood said such long delays were a blot on the country’s human rights record.
The Criminal Session is a trial by a presiding judge and jury for more serious cases, which, by law, cannot be tried by a judge alone. The session adjudicates cases of murder, attempted murder, manslaughter, robbery, rape, use of offensive weapons and having unnatural carnal knowledge.
Sixty-nine cases — made up of 33 on murder, 12 on manslaughter, 19 on rape, four on the use of offensive weapon and one on unnatural carnal knowledge — have been listed for hearing this year.
This year’s Criminal Session would be presided over by Justices Senyo Dzamefe and Charles Quist.
Before they are brought to the High Courts for trial by a judge and jury, the cases pass through the District Courts for preliminary hearings or committal proceedings to take place. Because of the nature of their cases the accused persons are held in custody.
Mrs Justice Wood stated that all stakeholders in the judicial machinery had a sacred duty to assist in a fair and speedy adjudication of all criminal cases, especially in instances where the accused persons had been kept in custody until a judicial determination of their guilt or otherwise.
The Chief Justice said the justice system was bedevilled with a myriad of challenges and noted that in order to address the difficulties, especially those related to remand prisoners, most of which were listed for hearing, there was the need for all key stakeholders “to approach their work with unparalleled commitment, diligence and passion”.
“That is the only way by which the real change in justice delivery which we desire can be achieved,” she stated.
Mrs Justice Wood said the failure of any person assigned a responsibility by the courts in matters pertaining to criminality created untold difficulties for others in the criminal justice system, particularly the accused person, whose enjoyment of personal liberty had been curtailed as he or she awaited trial.
She advised the jurors to uphold integrity, honesty, justice and fair play, principles for which they were selected, adding that any decision they arrived at must be based on facts and not extraneous matters and corrupt influences which would lead to a grave miscarriage of justice.
Mrs Justice Wood also advised the media to base their reportage of court proceeding on fairness, balance and professionalism.
“Do not condemn or convict any accused person in the court of public opinion before the verdict is pronounced in any case under due process,” she stated.
The Attorney General and Minister of Justice, Mrs Betty Mould Iddrisu, for her part, said the opening of the session was in fulfilment of the requirements of the rule of law and the fundamental human rights as enshrined in the 1992 Constitution.
She said although the session remained an important event on the legal calendar, it was plagued with multiple challenges, noting that several of the cases to be heard dated back to as far as 1994 and, in some instances, investigators had been sent on transfer and witnesses unavailable.
She commended the Chief Justice for her initiative on the “Justice for All” programme, which sought to deal with accused persons in custody whose trial had been unduly delayed.
Mrs Iddrisu observed that the country’s legal aid system also had its own challenges as most often, lack of defence counsel for accused persons caused a lot of delay.
She, therefore, expressed appreciation to the Ghana Bar Association for its desire to encourage more lawyers to provide free legal aid to those who needed it.
Meanwhile, the first case for the session involving a murder suspect, Robert Ofori Boahen, was adjourned to January 27, 2009 because the suspect had no legal representation.
A presiding judge, Mr Justice Dzamefe, directed the Legal Aid Scheme to assist in providing the suspect with a counsel within seven days.
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