A disturbing trend of the harassment, abuse and, in some cases, outright physical attacks on lawyers of persons accused of crime is gradually but steadily gaining traction.
This despicable act should be condemned as it is at once uncouth and unacceptable in a civilised society. A recent news item featured a lawyer for one of the accused persons in the ongoing prosecution of suspects charged with the murder of the Immigration Officer.
This unfortunate incident has struck a raw nerve, as every crime, especially one that involves the taking of life, deserves condemnation.
According to lawyer Aboagye, representing the second accused, enraged family members of the murdered Immigration Officer threatened to assault him and his fellow lawyers after court proceedings on August 22, 2025, at the Adabraka District Court.
According to the lawyer, but for the swift intervention of the police, who whisked them away from the raging ‘mob’, the situation could have degenerated into chaos with possible fatalities.
I am sad, angry and frustrated that this disgraceful behaviour is manifesting yet again, as it engendered a feeling of ‘deja vu’, given my own experience during the trial of those accused of the murder of the late Major Mahama.
Two separate incidents, with an underlying theme of violence against defenders of accused persons, happened during the trial, which has left a psychological scar on my psyche.
The first unfortunate incident occurred after the first hearing at the Cape Coast Circuit Court when my car was pelted with stones. I miraculously escaped unscathed, but not without having the windscreen of the car damaged.
The second incident was dramatic, as it happened right in the courtroom. During a mini break in the cross-examination of one of the police prosecution witnesses at Criminal Court 3, I was physically accosted by an uncle of the deceased Major (may his soul rest in peace).
The judge, Mariama Owusu (rtd), had to intervene, give a public lecture on the role of defence lawyers and instruct the policeman providing security to the court to personally escort me out of court at the conclusion of the day’s business.
What made the incident traumatic and scary was the fact that it happened in open court.
Incidents
These regrettable incidents are symptomatic of a general malaise: the lack of understanding and appreciation of lawyers who defend accused persons.
The inaction of the Ghana Bar Association (GBA) to these ugly happenings leaves much to be desired.
My petition to the GBA to give a press conference or, at least, issue a press statement to condemn in absolute terms such disturbing behaviour and also school the general public on the role of defence lawyers in criminal procedures yielded no result.
The importance of adequate legal representation in criminal trials is designed to prevent miscarriages of justice when an accused person comes up against the state, which has, in its arsenal, greater resources in conducting trials.
The right to counsel in criminal trials is also a veritable ‘sine qua non’ in ensuring due process and a fair trial because, in most cases, the accused person lacks understanding of complex legal terms, procedures and courtroom dynamics to properly and effectively conduct their own trial.
Wrongful
These unfortunate happenings almost invariably lead to wrongful imprisonments of otherwise innocent persons.
It is not for nothing that the celebrated jurist, Blackstone, once said: “It is better that 10 guilty persons escape than one innocent suffer” in his seminal work ‘Commentaries on the Laws of England’, when advocating for legal representation of defendants at common law.
To date, defendants in England are entitled to free representation paid for by the state via the legal aid system, depending on means and complexity of the trial.
In America, the right to counsel is guaranteed by the 6th Amendment to the US Constitution and ensures that defendants in criminal prosecutions have the right to counsel.
The case of Gideon vs Wainwright established this after Gideon appealed from prison on conviction from the Florida Supreme Court to the United States Supreme Court.
Amongst its many useful manifestations, the right to counsel ensures a fair trial, equality of arms in criminal proceedings and bolsters the fundamental right of presumption of innocence.
Our own Constitution states that persons charged with crime shall have adequate time and facilities for the preparation of his/her defence, mirroring international and regional human rights law.
The recent release from prison of Yaw Asante Agyekum after 23 years on a wrongful conviction without the assistance of counsel is a cautionary tale.
The writer is a lawyer.
E-mail: georgebshaw1@gmail.com
