Wednesday, August 12, 2020

Will Killa Ace And Six Others Still In Detention Be Granted Bail?

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QUESTION OF THE DAY

Presumption of innocence is a fundamental principle of justice. Nobody should be treated as a convict before being tried. This is why bail application should not be unreasonably and unjustifiably denied. Section 19 (5) of the Constitution states:

“If any person arrested or detained as mentioned in subsection  (3)(b) is not tried within a reasonable time, then without prejudice to any further proceedings which may be brought against him or her, he or she shall be released either unconditionally or upon reasonable conditions, including, in particular, such conditions as are reasonably necessary to ensure that he or she appears at a later date for trial or proceedings preliminary to trial.”

Hence all offences are bailable under the Constitution which is the supreme law. The fact that the courts are still in recess and the accused cannot be tried at the moment as the police conduct their investigation, it would be just to release those arrested on bail so that the Attorney General’s Chambers would be able to review the files to determine whether any case has been made against them. It is hoped that they will ultimately be released and compensation paid for the losses and civic education conducted to build better community security force arrangement to prevent any recurrence.

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