A settlement does not protect criminals – Deputy Attorney General

Deputy Attorney General Alfred Tua-Yeboah

Deputy Attorney General Godfred Tua-Yeboah has rightly pointed out that the recently passed Criminal Trial Act (Act 1079) does not provide criminals with an opportunity to evade justice.

In his view, a settlement should neither be an excuse nor used as a springboard for circumventing the justice system, nor should it be seen as an attempt to undermine the justice system.

As the country prepares for the December 7 general elections, Mr Tua-Yeboah also warned that the law will not protect perpetrators of electoral violence as they will be fairly punished in accordance with the law.

“If you are a criminal and believe that any criminal conduct falls under the Plea-Bargaining Act, revise your notes. Especially those men and young men who have a penchant for sexual offences, rape and defilement. We are in an election year. Those who believe that they can commit election offences and fall under the Plea-Bargaining Act, revise your notes. We need a country where people must obey the laws of the land,” he said.

Mr Tua-Yeboah was speaking at the launch of the Guidelines on Guilty Counselling as part of a capacity building programme for prosecutors in Kwahu in the Eastern Region.

“And to the criminals out there, if you think that by adopting these policies you will simply commit crimes and clean up the net, be warned: The Plea-Bargaining Act will not be used by criminals as a shield to continue their unlawful activities,” he said.

He said the law would be applied in appropriate cases where it should be applied, pointing out that “in cases where we cannot apply the law, the law will not be applied.”

“So when you implement the guidelines in your regions, strictly adhere to them and make sure that those who deserve them also benefit from them. Those who do not deserve them should not get them,” the deputy attorney general told the prosecutors present at the launch.

He also warned: “If you are a habitual criminal, you will not benefit from the Plea-Bargaining Act because you will only benefit from it and get your way.”

Director of Public Prosecutions Yvonne Atakora Obuobisa said the guidelines are intended to ensure uniform and systematic handling of incoming confessions by the Attorney General’s Office.

She refuted claims that the criminal collusion schemes were designed to favour wealthy members of society and enable them to evade justice, saying the guidelines ensured that the law applied equally to everyone.

“The guidelines ensure that no one is given preferential treatment because it sets out how to proceed. Anyone can apply for a confession – the marginalised, the weak. This ensures that no one is given preferential treatment,” Ms Obuobisa added.

BY Gibreel Abdul Razak