The Special investigator’s job is to come to an unbiased conclusion about cases brought before him. It is important he recognises the potential for bias and work towards eliminating it. Unbiased investigation and fair trial are the only way to prevent miscarriage of justice and are essential part of a just society. Bias occurs when the investigator tends to favor information from the complainant who are, in some respect, like the investigator. This affinity might be based on similar background, agenda or interest.
Thus it is evident that the manner in which the Special Prosecutor’s investigations are conducted is of crucial importance to the functioning of our criminal justice system. Not only serious miscarriage of justice result if the collection of evidence is not properly or if there is any error or malpractice, but successful prosecution of the guilt depends on a thorough and careful search for truth and collection of evidence which is both admissible and probative.
Yes, The Special Prosecutor, Mr Martin Amidu is one of the giants when it comes to our legal matters and well versed in legal matters and procedure and operate without fear.
However, we should be wary about engaging someone who has a special interest in a particular case, particularly where he has made his position on the NDC clear and has delivered favourable outcomes for the ruling party and government.
Mr Prosecutor should have in mind that the SFO did not invite persons and organizations mentioned in the report to give their side of the allegations and for their clarification. AirAsia, has denied the allegations raised in the report. The right to fair trial is recognized internationally as a fundamental human right and countries including Britain are required to respect it. Different countries have developed different ways of doing this, but regardless of how a particular system operates, the principle above are core to all fair justice systems and they all form part of the Right to a fair trial. The President, Nana Akufo-Addo, during the media encounter, complained bitterly about foreign diplomats interfering in our internal matters. Every person, organisation or country accused of a crime should have their guilt or innocence determined by fair and effective legal process.
Mr Special Prosecutor, based on what happened between you and your party the NDC, and the Mahama administration, I believe that you cannot be fair and impartial. You should recognize your own inability to maintain partial. In the situation you find yourself, you should either recuse yourself or the NDC move to have your office disqualified from investigating the matter. Bias or prejudice typically means the judge or investigator has acted or spoken in a way that prevents him or her from treating the party or attorney in a fair and impartial manner. We all heard the comments you made about the Embraer 190 issue.
https://mobile.ghanaweb.com/GhanaHomePage/NewsArchive/Mills-Wanted-Mahama-To-Be-Investigated-Amidu-254019
You openly attacked your party the NDC over corruption fight and claimed Dominic Ayine who filled a suit challenging your appointment into the public service citing the age factor, was sponsored by officials of the NDC to sue you with a view of preventing you from unearthing corrupt cases under the previous administration. You’ve not hidden your position on the current NDC leadership. Your newly found friends are the Npp folks and that cannot be contested. The Npp administration has appointed you the Special Prosecutor. I will not be wrong if I say you will have a political interest in the subject matter of the case, one that could be significantly impacted by the outcome of your investigation.
I think the Special Prosecutor should advise the President to reassign the case to a different agency. I am not by my appeal questioning the fitness of the special Prosecutor to carry out the fundamental role of his position no, but making the appeal in his own interest and in the interest of mother Ghana. In spite of my disagreement with some of his decisions and statements, I respect him highly and have been his admirer from Adam.
That notwithstanding, if he accepts to investigate the matter, then, the fact that principle of our judicial system that investigators and Judges who investigate or preside over our cases must be fair and impartial, must be his guiding principle. We shall all hail him if he does a good job for Ghana. He is going to preside over a case involving the administration of the man he described as corrupt and incompetent but later told the world that all he said about him were based on perception. We pray he doesn’t use this opportunity to vindicate himself.
I am not against the investigation no, after all, it will help us unravel the truth and clear innocent people whose name and image are being dragged in the mud just for political advantage.
Source: Ohenenana Obonti Krow
