We Don�t Jail By-Heart �Says Court Of Appeal Judge

Justice Lawrence Ladzagla Mensah, a Justice of the Court of Appeal, sitting as additional High Court Judge has said for the criminal justice system to operate, and function efficiently, all these institutions and groups must not only co-operate with each other but also collaborate.

According to him, offences such as murder, manslaughter and rape which in law are designated as first degree felonies in addition to offences relating to narcotics, fraud, causing financial loss will be tried by designated High Courts.

He said this is the only way the cases to be tried can be disposed of expeditiously.

He noted that, “the trial of offences designated as first degree felonies are indictable offences. An accused found guilty for any of such offences may be sentenced to death or life imprisonment because these offences are considered very grave or serious offences.”

“In the trial of indictable offences the jury is an essential component of the adjudicatory process. So the accused is tried by not only the judge but also by his peers. This is made possible by the constitutional provision in article 1-5(2) of the 1992 Constitution that:

"Citizens may exercise popular participation in the administration of justice through the institutions of public and customary tribunals and the jury and assessors system".

“Thus in our criminal justice system, trial with a jury is an entrenched practice. They consist of a body of seven ordinary men and women selected from the community in which they live with the accused. Subject to the directions of the judge on the law, the jury decides the guilt or innocence of the accused.

“That being so the responsibility in trials on indictment is a big one. Apart from the honour a call to jury service brings to the individual, it is a call to serve one's nation in a revered capacity. I entreat you (jurors) therefore to make momentary compensation for the service a primary matter.

“You will be expected to be punctual and regular at all sittings in order to avoid unnecessary delays. Know that without you no work can be done. And you are warned that absence from any sitting without cause or permission is a punishable offence,” he made this known after some jurors were sworn in yesterday during the opening of the 2015/16 criminal session in Accra.

He said the jurors are not the only stake-holders in the criminal justice system. The police are the first institution mandated by law to receive complaints of suspected criminal activities, investigate them and bring the suspects charged to court. The prosecution in court is done by the office of the Attorney-General, while the Prison Service takes custody of accused who are remanded for one reason or other.

“In order to prove the case against the accused, the witnesses must make themselves available at the trial when called by the investigators. Let me at this juncture remind all and sundry that the courts do not take delight in putting convicted persons into prison. It is not a good place for any criminal person or law abiding citizen.

“All the courts do at these sessions and for that matter by embarking on criminal trials, is to clear our communities of social miscreants and make society safe for all of us to live. In this regard, the society must also play their role. Families and parents in particular should keep track of their members, they should advise them against robbery, fraud, sakawa etc. I also implore our churches and their leaders to preach the true gospel of our Lord Jesus Christ rather than the unbiblical and unbridled prosperity gospel.”