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October 18, 2024

Open letter on the proposed Criminal Procedure Act, 2024

August 12, 2024
3Min Reads
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His Excellency Sir, I want you to aware that, the jury system is a cornerstone of our legal system that governs the process by which criminal cases like treason, murder, aggravated robbery/assault etc. are handled in our court system.

Abass Sesay,
Journalist and Development Analyst. 
24th, July, 2024.

OPEN LETTER ON THE PROPOSED CRIMINAL PROCEDURE ACT, 2024

Dear President Julius Maada Bio, 

Today's open letter is on the Criminal Justice System in Sierra Leone with particular reference on the Criminal Procedure Act of 2024 that awaits presidential assent. 

I'm not a lawyer, but as a journalist, I have extensively covered and reported felonious matters during my early days of practice with Media One Center (Star Radio/TV  and Standard Times Newspaper). 
I have witnessed the role of jurors system while presiding over cases "versus the state and accused persons." 

His Excellency Sir, I want you to aware that, the jury system is a cornerstone of our legal system that governs the process by which criminal cases like treason, murder, aggravated robbery/assault etc. are handled in our court system. 

As a journalist and citizen, it is of essence that we engage in discussions about this fundamental aspect of our justice system to ensure fairness, transparency, and accountability; and a particular reference sir, is the removal of Jurors on matters mentioned above. 

Mr. President, I wish to emphasize the importance of jury system. The involvement of the 12 jurors to preside over cases like treason, murder and sort like as dictated by the Criminal Procedure Act, 1965 plays a critical role in safeguarding the rights of individuals standing trial on state crimes, ensuring that due process is followed at every stage of legal proceedings. 

However, removing these jurormen and women who are part of the community where this court proceeding is done is a "bad judicial precedent" that might result to miscarriage of justice especially in a country which judicial sector is characterised by high records of delayed justice, bribery, political meddling and injustice. 

Many critiques of the 1965 Criminal Procedure Act particularly on the removal of jury system might say that, this legal instrument has its bottlenecks rooted on bribery and involvement of community people (jurors) that are laymen and women of the Law. 

But the 2024 Criminal Procedure Act that's waiting presidential assent as far I'm concerned might end up to be the most corrupted legal system with lots of judicial inadequacies. The fact is that, if it's easy to corrupt or bribe 12 jurors on the bench, it's very much easier to corrupt an individual on the same bench.

Moreover, the syndrome "ORDER FROM ABOVE" which characterises the country's political landscape will be in full swing as the fate of accuse persons can now be decided by a single person on the bench (judge). 

It is imperative that we strive for a balance between protecting the rights of the accused and ensuring justice for victims of crime; and I bet you the jury system is one way to enhance this roadmap. 

In light of these considerations Your Excellency Sir, I recommend that, you weigh both the pros and cons of this proposed legal framework critically before signing it into law. 

Remember Mr. President, a good law for a particular government today might end up to be a bad one while in opposition. 

I therefore urge all stakeholders, including lawmakers, legal professionals, advocacy groups, and the public at large, to join in this critical dialogue. 

If we work together, we can strengthen our commitment to upholding the principles of justice and fairness embodied in the Criminal Procedure Act taking into account the JURY SYSTEM. 
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Abass Sesay is a Journalist and Development Analyst. He holds degrees in ICT and Development Studies (Undergrad); and Corporate Governance, Governance and Leadership (postgraduate).

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