Chief Magistrate gives stern reminder to lawyers

CHIEF Magistrate John Numapo has again urged lawyers that they have a duty to both the court and their clients to ensure that unnecessary delays and adjournments are avoided at all times.

“I am concerned that a good number of cases have been adjourned unnecessarily and for far too long without good reasons.

“I am particularly concerned with those accuseds held on remand,” Magistrate Numapo said.

Some of the accused have been in custody for more than twelve months and one or two have been remanded in custody for over two years and that is simply unacceptable.

Not only is it a breach of their constitutional right but it may also become a Human Rights issue if we are not careful, Magistrate Numapo added.

Magistrate Numapo made the statement yesterday saying it is in the constitution that all persons charged with a criminal offence must be tried ‘within a reasonable time’ and that means the case must be tried and disposed of without delay.

He said an accused person is innocent until proven guilty and therefore, must be accorded the full protection of the law which includes having his or her case dealt with expediently, promptly and in a timely manner.

The risk is that we might be locking up innocent people unnecessarily for a long period of time without a lawful justification.

Overcrowding is also an issue with remandees up at the Rove Prison giving rise to health and other issues.

This concern is not new and some of you lawyers may have heard me many times before about this so-called delays and unnecessary adjournments in the Magistrates Court.

Much of these delays had to do with either incomplete police investigation files and lack of disclosures or unavailability of Counsels or both.

Magistrates have also expressed similar concerns regarding long delays.

“I understand that lack of resources and personal have been a problem for a long time within the Office of DPP and the Public Solicitors Office and I can only suggest that the government looks at providing these Law Offices with sufficient resources and manpower to do their jobs effectively,” Magistrate Numapo said.

He said from delay issues facing the court they are now thinking of introducing some timelines on certain category or type of criminal cases at the Magistrates Court.

“What this means is that some cases will have specific timelines from start to finish and if they are not finalised within the given time period then the magistrates will ask for an explanation from the lawyers having the carriage of the matter.

“If no satisfactory explanation is given then the court will exercise its unfettered discretion to strike out the case.

“This is one option we are considering to avoid delays and speed up disposition of cases.

“We intend to introduce these timelines as part of the Court’s Practice Directions.”