CHRAJ, Police in blame game * Over granting of bail to robbery suspects

Page 24: Daily Graphic, November 17, 2009.
Story: Caroline Boateng & Albert K. Salia
THE criminal records of three suspected armed robbers among the four who were killed in a shoot-out with the police in Kumasi last Friday have stoked the debate over the granting of bail to suspects in cases of violent crime.
While the police are expressing frustration at the development, a Deputy Commissioner of the Commission on Human Rights and Administrative Justice (CHRAJ), Mr Richard Quayson, says the granting of bail to crime suspects by the courts is due to the lack of thorough investigations by the police.
Reacting to the frustrations expressed by the police, Mr Quayson said the police were sometimes too quick to arrest on mere suspicion or allegation.
Three of four armed robbery suspects who were killed in last Friday’s shoot-out with the police were identified with their past records as being repeated offenders.
Two were ex-convicts and one was on bail for armed robbery.
That, the police explained, was the result of the courts granting bail to suspected criminals, a development which the police had no control over.
Elaborating further, the Director of Public Affairs of the Ghana Police Service, DSP Samuel Kwasi Ofori, described as baseless and unwarranted any suggestion that the police had not been thorough in their investigations.
He explained that because the police needed evidence or facts which could stand in court, they undertook painstaking investigations, including getting witnesses to testify in court.
“We do not engage in kangaroo investigations, since we are aware that one will need facts to successfully make a case in court. Anything short of that will not stand in court,” he said.
DSP Ofori reminded critics of the police about the scientific process the police went through in gathering evidence, including the use of the Crime Scene Management Team to gather as much evidence as possible.
He said due to some of the challenges the police encountered in gathering evidence, they had, on numerous occasions, warned members of the public to stay away from crime scenes so that they would not tamper with evidence.
According to him, the police were mindful of the democratic structures in place and would, therefore, not do anything to abuse the rights of any citizen.
DSP Ofori said the granting of bail to suspects was the preserve of the courts and that each time the police did not have evidence immediately available, they pleaded for the suspects to be remanded, but if the courts thought otherwise, “we cannot do anything”.
He said the police did not manufacture evidence.
“If we fall short, we tell the court,” he said, stressing that “even when suspects have been granted bail or acquitted and discharged, we continue with our investigations”.
DSP Ofori said as and when new facts emerged, anyone culpable was arrested and new charges drafted and the suspect charged.
He said it was to forestall any problems that a committee, under the auspices of the Chief Justice, Mrs Justice Georgina Wood, had been set up to streamline criminal cases before the courts.
He said the committee had been working tirelessly to ensure harmony in the work of the police, the Attorney-General’s Department and the Judiciary.
According to him, as part of reforms initiated by the Inspector-General of Police (IGP), Mr Paul Quaye, police lawyers were now heading the Prosecutions Units of the various regional police commands, with the exception of the Upper East, Upper West and Volta regions.
He said the appointment of lawyers to head the prosecution units in the regions and also at the CID Headquarters was to enable the lawyers to lead prosecutions, serve as advisors on criminal, civil and administrative matters, as well as liaise with the Attorney-General’s representatives in the regions.
Mr Quayson, however, argued that the presumption of innocence until a suspect was proven guilty was a universal right and all suspects had a right to that.
However, the inability of the police to thoroughly investigate a matter before arresting meant a lawyer could argue his case before a judge for bail to be granted to the suspect, he noted.
He said when a crime occurred, the police had to thoroughly investigate it and bring out unquestionable evidence in court that would lead to the smooth prosecution of suspects.
For that to be achieved, the government needed to strengthen the police with more people and resources, Mr Quayson added.
He said despite the fact that most Ghanaians condoned the killing of robbers, fundamental human rights demanded that any processes leading to the arrest of suspected criminals were undertaken in a humane manner.
“This is particularly so when the public can sometimes be caught in a crossfire between the police and suspected criminals,” he added.