120 Days and Resetting

In last week’s article, we evaluated governmental actions within the context of the criminal justice system as part of the 120 days in office.

We examined topics such as the work of ORAL (Operation Recover all Loot), the saga between the office of the Special Prosecutor’s (OSP) and the former finance Minister, Ken Ofori Atta, the Adu Boahen case etc. This week’s article will, by and large, focus on our ‘wish list’ of reforms we hope to see in the criminal justice system.

We begin with arrests – the gateway for many to the criminal justice system.

An encounter with two policemen in Osu cemented my resolve to campaign for even more accountability of police officers in the exercise of their powers of stop and search. 

The arrogant, know-it-all and autocratic attitude of these two errant policemen left me wondering the extent of harassment the public were harbouring under some of these officers. Now to the story.

As I took a break from one of the most demanding aspects of the work of a lawyer – writing closing submission in a case before judgement – I decided to take a walk and sample some fresh air as I was “suffocating” under the intense cold air emanating from the intense air condition unit which dangerously hung over me like the proverbial sword of Damocles.

I was wearing a Black Stars football shirt, white shorts, with a traditional sandal (ahenema) to complete the ‘boy about town’ look. As I walked down towards the end of the street, oblivious of my surroundings and deep in thought about conjuring up my winning line to clinch the case, I was rudely accosted by the policemen.

The manner of his apprehension was as rude as it was unprofessional.

With maximum restraint, I managed to ask him what he wanted from me. He blurted out in a voice reminiscent of primary school bullies, something to the effect of, “we need to search you”. 

At this stage, I was almost beside myself with rage like bees disturbed in their beehive, but I remembered what the aptly named Mr Abotar3 (patience), a catchiest in our local Catholic church taught me in my early formative years and calmly asked him, “what makes you think you can search me – in other words, what is the reasonable suspicion informing your search”.

The officer was at the time, as they say in England, ‘doolally’ (going bonkers).

He couldn’t come to terms that an ‘ordinary’ street boy sporting a Tshirt and shorts has the temerity to question him.

He retorted, “I can smell cannabis in the air so I will search you”.

I then proceeded to ask him again why he singled me out, from the multitude of people going on about their daily business, he murmured something like “you cant question me” and forcefully put his hand in my breast pocket.

I shoved him back and demanded his name as he was not wearing a name badge. I then took up my phone and called a colleague in chambers to narrate the drama to.

As soon as they realised I was a lawyer and requesting my colleague to register a complaint to the Inspector General of Police (IGP) they scampered with such speed that would have been the envy of Usain Bolt.

Police, prowl

The point of the story is that a great deal of policemen are on the prowl, using their positions to extort money from innocent members of the public.

In the melee surrounding this piece of street drama, a bystander who had been drawn to the spectacle told me that a similar incident happened to his friend.

Apparently, the Police on the pretext of a stop and search actually planted drugs on him and proceeded to extort GH¢3000 from the hopeless chap so as to drop the matter.

What is sad about the whole episode is the fact that the police officers did not have a clue in hell about the parameters of the power to stop and search.

They assumed either because of the ‘canteen culture’ of the police or pure ignorance that they can stop and search anyone on the streets without any let or hindrance.

The fact of the matter is that a policeman cannot stop and search you without having reasonable suspicion.

That is, he/she must have a genuine belief based on real facts, information or intelligence that a person is involved in criminal activity.

The suspicion should be objective, devoid of any reliance on personal biases or stereotypes. 

The writer is a lawyer.
E-mail: georgebshaw1@gmail.com