In the wake of Anas Aremeyaw Anas’ expose’ of the judiciary, public institutions that directly or indirectly have a role to play in justice delivery have been warned.
Among these institutions are the judicial service which includes judges, state prosecutors, police officers and the jury as well as members from the Ghana Bar Association.
Justice of the Supreme Court, Justice William Atuguba and the Attorney General and Minister for Justice, Marietta Brew Appiah-Oppong gave the warning in separate deliveries during the 2015/16 Criminal Session in Accra in which 12 cases of first degree felony have been listed for trial notable among them being Gregory Afoko, who has been charged for murder in the legal year.
Justice Atuguba said, the event dubbed, ‘Criminal Seizures’ was to “underscore the importance and gravity of the judicial function of keeping law and order in our democratic country. It is therefore a Trust created by the State of Ghana to be carried out by us in the Judiciary.
“But, the execution of this Trust requires a commitment to the true pursuit of justice by all the stakeholders, namely the Judiciary, the police, the Attorney-General'soffice, the Media and the general public.”
Prosecutors
Sounding her caution, the Attorney General charged prosecutors to desist from acting as lawyers for victims of crime, adding “as a prosecutor, always remember that you are not the representative of any special interest group.
“You represent the interest of all of us in ensuring that prosecutions are conducted in a diligent, competent and fair way that respects the rights of all citizens. Prosecutors occupy a key position in the criminal justice system and exercise considerable powers and responsibilities,” she added.
According to her, the rule of law cannot be upheld, nor can human rights be protected, without effective prosecution services that act with independence, integrity and impartiality in the administration of justice.
Prosecutors she said, must consistently be reminded that their duty is to do justice and not to merely convict. Therefore, “he must not misrepresent facts or law to the court.”
“As prosecutors always remember that you are not the representative of any special interest group and you are not acting as lawyers for the victims of crime. You represent the interest of all of us in ensuring that prosecutions are conducted in a diligent, competent and fair way that respects the rights of all citizens; where injustices or inadequacies in the procedural or substantive law come to light a Prosecutor must stimulate efforts for remedial action.
“Prosecutors must remember to strike a fair balance between the competing interest of putting away the guilty, protecting the rights and freedoms of Ghanaian citizens and protecting the public from criminals.” She stated.
Police
While describing the police as "the Initial Gateway to the running of the Criminal Justice System," she said the police as actors in the criminal justice system are the first to come into contact with the offender and the victim.
“They must carefully, scrupulously and expeditiously gather evidence and write down any information that will help in the investigation. This is so critical because the purpose of every investigation is to enable a proper determination of whether or not to prosecute a case;
“As investigators you will also testify in court and conduct follows up investigations if needed and therefore you must know your brief very Well Without you, the Police, there would be a total breakdown of law and Order in society.
“As police officers you have several opportunities to gain personally from your status and powers as law enforcement officers. I implore you, do not give in to the temptation; Ghana Police, kindly remember that when the forces of law and order violations of the law or protect citizens' human rights. People lose trust in authority and the systems that hold the fabric of our society together begin to crumble resulting in chaos in the society in which you and I live,” she stated.
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