Open Letter To The Chief Justice (3)

Supreme Court Justice, Given the sheer magnitude and intractable problems embedded in the Criminal Justice System, I had hoped against all odds to be as brief as possible in my letter to you, but regrettably, it is easier said than done.

Nevertheless, and notwithstanding the preceding, I will attempt to be succinct, and with that, I will discuss one of the most troubling issues and, in my opinion, the "elephant in the room" of the criminal justice system: delays in criminal proceedings.

The renowned common law jurist William Gladstone once stated, "Justice deferred is justice denied."

In a similar vein, one of the finest civil rights activists of our time, Martin Luther King, posited that "injustice anywhere is a threat to justice everywhere."

I am pleading with you to expedite policy and implement strategies to, if not completely halt the spread of this disease, then at the very least minimise it.

This is because delays in the justice delivery system have far-reaching effects on the entire system and reverberate everywhere.

Article 19 (1) Trial right The right to a trial within a reasonable timeframe is the cornerstone of the global/UN system and the foundation of all other rights to a fair trial.

It is included in both the United Nations Declaration on Human Rights (UNDHR) and the International Covenant for Civil and Political Rights (ICCPR), not to mention its prominence in all regional Human Rights treaties such as the African Charter on people and Human Rights, the European Convention on Human Rights, and the American Convention on Human Rights.

As you are aware, the Constitution of 1992 expresses identical sentiments in Article 19(1)... How have these sacred and, in my opinion, sacred human rights been observed more in their violation than in their observance?

It is time that something drastic, if not revolutionary, is done about the notoriously sluggish criminal trials in Ghana.

I can recall numerous instances in which cases in which I was personally involved carried on indefinitely.

The Republic vs. William Baah & Others (The Major Mahama lynching at Denkyira Obuasi) six years and counting, The Republic vs. Ernest Thompson & Others, The Republic vs. Opuni, etc. spring to mind; however, these are by no means the only cases.

Chief Justice, not only do delays in criminal trials impact the psychological state of both victims and defendants, but they also undermine the system's credibility and public confidence.

In practical terms, delays result in lengthier wait times for victims' cases to be heard.

Some will withdraw their support for prosecutions as a result of their loss of faith in the process.

Importantly, witnesses, the lifeblood and fulcrum of the trial process, typically and frequently have a difficult time recalling events that occurred months or even years ago.

I can say with absolute certainty that if anyone were to challenge me to accurately describe an event of which I was a witness just three weeks ago, I would fail miserably.

If you consider the dire repercussions on people who are convicted as a result of inadvertent but damaging testimonies, largely due to memory failure or fading, the problem becomes enormous (with apologies to my learned friend Martin Alemisi Amidu). You can begin to see the importance of holding trials early, when things are still fresh in the witnesses' memories.

Consider the fact that some individuals could be sentenced to death or life in prison due to such faulty recollections, and the situation becomes even more terrifying.

To effectively prosecute these daily criminal proceedings, we can learn from other jurisdictions that have practised and nearly perfected this administrative procedure to ensure the smooth running of cases.

Consideration should also be given to the practise of requiring courts to convene for at least three hours per day.

I am aware that I am risking the displeasure of my colleagues, but I believe we must make these difficult decisions to demonstrate that we are the genuine shining star of Africa in terms of democracy and human rights.