Former Deputy Attorney-General and Member of Parliament for Tempane, Joseph Dindiok Kpemka, has cautioned the Attorney-General, Dominic Ayine, against making statements that may prejudice ongoing or upcoming court cases.
Speaking on JoyNews’ Newsfile on Saturday, October 25, during discussions on “ORAL and OSP Chasing Billions of Loot”, Mr Kpemka said while it is acceptable for the Attorney-General to inform the public about persons being charged, it is legally wrong to make declarations of guilt before a court ruling.
“There is absolutely nothing wrong with the Attorney-General telling us that he has charged a particular person and is putting him before court,” he said.
“But when you make conclusive determinations of guilt before trial is that law? You make conclusive determinations and you think that is law? That is not law.”
Mr Kpemka explained that such comments could undermine the principle of fair trial and the independence of the judiciary.
“You cannot make prejudicial comments about a matter you are yet to take to court. I heard him loud and clear, and I think he was completely wrong at law to say that he would confiscate property during trial; you can’t do that. You can only convict, and based on conviction, you go for confiscation.”
He said that only the courts have the authority to determine guilt or innocence, not public commentary or administrative declarations.
“The final pronouncement as to the guilt of all accused persons is by the court. Whatever you and I say will not constitute the guilt of an accused. What the Auditor-General says does not constitute guilt until the courts find that indeed and in fact what the Auditor-General is saying is correct.”