Rid justice system of happenings causing frustration!

 The frustration ex­pressed by the Attor­ney-General (A-G) and Minster of Justice, Mr Godfred Yeboah Dame, over long adjournments in some illegal mining (galamsey) cases in courts across the country is representative of the wonder of the general public regard­ing how some cases, not only galamsey ones, are dealt with by the courts.

In fact, some members of the public now do not care so much about the work of the courts.

Their contention is that the courts in the country are re­specters of personalities rather than sticking to the rule of law.

Some think the discretion of the judge, though acceptable in law, is taking precedence over adherence to principles, procedures and what not that must make the courts reliable institutions of justice.

Have the operators of the country’s justice system won­dered why the populace prefer instant justice, which those who claim to understand the system describe as the people taking the law into their own hands?

The law in general appears technical and too complex and complicated to the ordinary or unlettered mind.

Even if the A-G and Minister of Justice, who is a lawyer and someone who should know the intricacies of court proce­dures, is expressing reservations over adjournments, then what should the ordinary people say?

The Ghanaian Times is not law-savvy, yet it finds the A-G’s position intriguing and wants to ask him if all he can do is to express frustration over delays in prosecuting court cases.

The other question is why is the A-G worried about the de­lay in prosecuting only galamsey cases?

There are a number of cases that have taken years but still pending – what is he saying about them too?

The Ghanaian Times knows that adjournments are allowed in court cases because an ad­journment is re-scheduling of a court proceeding, for various reasons.

The reasons include seek­ing further investigation; the accused proffering sufficient material facts upon which the court would proceed to exercise its discretion; absence of the prosecutor, counsel or even an interpreter for the accused; getting counsel for accused; and ill-health of those involved in a case such as the accused, the presiding judge or the counsel.

The list is tall but one thing is clear that the granting or refusal of an adjournment is generally at the discretion of the judge.

It is said that when an appli­cation for an adjournment is unnecessary or not reasonable, the Court may deny same and proceed with the case.

The Ghanaian Times would like to know if the A-G has verified whether some or all of the adjournments he is complain­ing about were granted on no reasonable grounds.

Does the country’s support the fact that no adjournment can be considered more than three times?

If that is so, are the country’s courts adhering to the rules regarding adjournments?

Does the axiom “justice de­layed is justice denied” still hold sway in the country’s justice arena?

But whatever its position, The Ghanaian Times believes the frustration expressed by the A-G should be a wake-up call to himself and other stake­holders like the Chief Justice to diagnose the country’s justice system to rid it of whatever has made the populace lose trust in it.