Lawyer Solomon Jamiru has said that justice must be seen to be done to all without fear or favour. He made this statement at the Law courts building in an exclusive interview with Awoko since he is part of the defence team in the matter of the Inspector General of Police and 11 poachers who were caught within the countries waters in a foreign vessel without a valid fishing license.
The Lawyer lamented that the offences were in contravention of the fisheries Management and Development Acts 1994 as amended by the 2008 Act. Fundamentally he continued the onus was on the prosecution to prove the ingredients of the offences.
Jamiru said it happened, that the defence counsels, C F Edwards, S A Koroma and himself advised their clients to change their plea to guilty which they did accordingly. At this stage it was not apparent how politically sensitive the matter was until the convicts paid their fines of US$155,000 for which the NRA and Judicial Sub-Treasury issued receipts; and the convicts were released to their vessel the solicitor said.
The Legal representative said that a dramatic turn of events took place on Thursday 10th September 2009 when the 11 persons were re-arrested in their vessel, detained at the CID for over 24 hours just because of rectification of an administrative error.
“We the Defence counsels first touched on the principle of autre fois acquit and autre foir convict, the effect of which is that you cannot convict a person twice for the same offence” Jamiru whispered.
Solicitor Jamiru said the reputation of Magistrate Steven Conteh, Attorney-General, DPP and the Government is at stake for as far as he knows, a summary review proceeding must operate in favour of the defence, and certainly not the prosecution he alleged.
In his concluding statement, Jamiru said for the custodian of the sacred values of our constitution to be linked to such politically manipulated judicial brouhaha is, most regrettable. Why the judiciary can’t be given the independence it deserves for today is the Chinese, Taiwanese and Vietnamese tomorrow it may be any other he assured.
The Defence counsel said if the independence of the judiciary cannot be guaranteed, they invite the Bar Association, SLAJ, Civil Society and the Diplomatic and Consular Community to do something; notwithstanding the nature of the offences charged.
By Emmanuella Kallon
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