PUTTING THE SPOTLIGHT ON THE JUDGE IN THE DELTA FORCE CASE

PUTTING THE SPOTLIGHT ON THE JUDGE IN THE DELTA FORCE CASE

Iddi Muhayu-Deen writes...

On the matter of the delta force brouhaha, why did the Presiding Judge refuse to grant bail to the 13 suspects, who were standing trial for an offence that is completely bailable? Even drug related offences are now bailable in Ghana; how much more a mere assault case? It is also instructive to note that these suspects were already on bail. The police granted them bail, which of course, came with some conditions.

They have been cooperating with the bail conditions without failure. They report themselves to the police everyday as part of the bail conditions. The police then takes them to court to prosecute their case as expected. In the cause of the trial, their lawyer pleaded with the judge to take a cue from the police's action and also grant them bail. The police and prosecutors did not object to this plea by their lawyer. Yes, I repeat, there was absolutely no objection.

But for some shocking and inexplicable reasons, the judge refuses to grant them bail. Instead, she chose to remand them in prison custody. How grotesque! This development, which a lot of people find, unjust and bizarre, was what caused that ugly spectacle in the courtroom. I have heard lawyers express shock at the conduct of the judge. The NPP supporters in the courtroom, mainly members of the delta force, just like the lawyers, were also outraged at the reprehensible conduct of the judge and decided to take the law into their own hands to exact justice. Very regrettable episode.

But remember one of the maxims of justice, which says that, justice must not only be done but must be seen to be done. Unfortunately, that was lacking in this particular case per the circumstances thereof. Again, like they always say, there cannot be smoke without fire and in this case, we all know who stoked the fire leading to the smoke. So, as much as we all CONDEMN in the strongest terms, the lawless action of the delta force, we must acknowledge the fact that the judge's indiscretion in the matter, also contributed to this monumental disappointment.

Our judges must realize that, even though we say the law is in their bosom, it doesn't mean that they can choose to apply the law anyhow. It doesn't also mean that the rest of us cannot subject their interpretation of the law to commonsense analysis; after all, the law is a product of commonsense. Fortunately, we don't have to go to the law school to be blessed with commonsense. We are not unintelligent. We are responsible citizens NOT spectators.

Assalamu alaikum

Iddi Muhayu-Deen

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