By Nasratu Kargbo
A Bill entitled “The Criminal Procedure Act, 2024” has proposed that the number of jurors be reduced to ten (10) but that a case can proceed with eight (8) jurors.
However, Attorney-General and Minister of Justice Mohamed Lamin Tarawalley has called on Members of Parliament to ensure the juror system is removed, saying it has not been a blessing to the country.
Whilst highlighting the disadvantages of having a jury system in the country’s judiciary, Tarawalley during a Pre-Legislative hearing held in Parliament committee room one on the 15th of April 2024 said “Honourable Members the jury system has not been a blessing for our justice system in this country. By law, as we are operating now, for capital offences we go by the jury system, we should note that with the abolition of the death penalty, the jury system is not necessary”.
In the jury system, twelve (12) jurors sit in court and when one is absent for a trial per day, the judge is bound to adjourn no matter the situation, according to the Attorney General.
Stressing the need for the jury system to be removed, Tarawalley cited that for matters that have started and one of the jurors dies along the way, the case will have to commence all over again. “We find out that an accused person will continue to be in incarceration endlessly” he stressed.
The Attorney- General pointed out that despite the bill proposing the reduction of the number of jurors from twelve (12) to ten (10), a case can proceed with eight (8) jurors, he noted that the same law applies if one juror dies or is unable to attend, the accused will continue to stay in detention. “For forthrightness, it is in the bill, but I will ask Honourable Members to pay keen attention to that and that we please do away with the jury system”, he said.
He appealed to MPs to focus on that aspect when the bill goes to the plenary session, noting that it will be one way to accelerate the justice system and reduce delay and congestion in prisons across the country.
The bill also proposes for the court to allow electronic evidence, and the Minister believes if this aspect of the bill becomes law, one can be anywhere around the country or in the world and attend court electronically via videotape, zoom amongst others, noting that the evidence the individual will give will be admissible.
Even though several piecemeal amendments have been made over the years, Tarawalley spoke of the dire need to amend the law in its entirety.
The document proposes many other things to reduce the longevity of trials and provide access to justice amongst others.
The bill seeks to repeal the fifty-eight (58) year-old Criminal Procedure Act, of which most of its parts were inherited from the country’s colonial rule.
Copyright © 2024 Politico (19/04/24)
