During a recent interview in his abode in jail, Mr. Ataa Ayi, a man whose name has become our local word for armed robber, confessed that yes, he robbed. However, he did not do some of the things he was charged with. He indicated that he was beaten up by the police investigators to sign a statement of some crimes he never committed.
I am not here to defend him but to ask, whether he had a fair trial, for during his vetting at the Appointment Committee, Justice Baffoe Bonnie, came out with this revelation that he sentenced Atta Ayi to 70 years for the safety of him, Justice Bonnie, and that of his family. But on record, Ataa Ayi was sentenced for 160 years, so which is which?
And this is my story: I was in Class Three, and a religious sister was our assistant headmistress. I quickly noticed that for no reason, she just disliked me. One day she barred me from watching a puppet show in school, even though I had paid for.
And on one early evening, after our weekly afternoon of fun and games, on my way out, I met my friends playing alokoto and decided to wait for them, so we go home together. Their loud voices attracted the attention of the staff and a pupil was asked to find out those making the noise.
She came, she saw, she reported and gave the names of all of us. Upon hearing my name, the assistant headmistress summoned me and gave me punishment to write a list of 500 nouns, 500 verbs and 500 adjectives and submit it to her, first thing the next morning.
I went home but never informed my uncle or auntie because those days, whenever you complained that some adult punished you, you first got beaten before you explain what happened.
I did all I could, but was only able to submit something scanty. For that, I got suspended from school and I was forced to tell my auntie, why I was not in school. In anger, she went to see the assistant headmistress. Lo and behold, my auntie who was also a teacher had had a bitter encounter with this religious in their line of duty as teachers and they both disliked each other. For this reason, it was payback time, and I got punished unjustly for unrelated reasons.
Atta Ayi said he was forced to sign a statement, which had him to admit to some crimes he never committed. This story about investigators forcing suspects to sign statements to admit to crimes they never committed, seem to be the stock-in-trade of police officers all over the world.
It is about time, that Ghanaians are educated about their rights, so far as appearing before an investigator is concern. This attitude is very bad and can end up throwing innocent people into jail.
These innocent persons, get to prison and mix up with the hardened criminals and they learn from them, their unholy ways. Then, with the perception that society hates them, when they get out of jail, they hit back at society, applying the education and knowledge acquired in prison. Whose fault, now?
Back to Justice Baffoe Bonnie. He said at his vetting that while sentencing guidelines provide a framework, judges must sometimes exercise discretion to address the broader context of a case, including public safety and the protection of vulnerable parties.
Then he came with a revelation, the true reason why he gave Atta Ayi that long sentence: “I gave him 70 years. And what I told myself was that if Atta Ayi was given 30 years and he comes back, my family will be the first he will attack. So, by the time he comes back after 70 years, I will be dead and gone.”
Like seriously? Is he saying that upon evidence before him in court, Atta Ayi was supposed to have been given 30 years, but he added on 40 years for his personal safety and that of his family? Another question is, has the 70 year-sentence become a deterrent to other armed robbers?
This has not happened as armed robbery rather continue to escalate. And lastly did this learned judge know that, he could be attacked anyway by, robbers’ friends of Atta Ayi, for jailing him? Excuse me, his statement does not hold water.
Someone in her social media post stated that Atta Ayi was to be sentenced to death, so receiving 70 years was just too lenient for him. She must know that from what Justice Baffoe Bonnie said, if Atta Ayi deserved to die or go in for life, he would have gladly given that verdict.
With this in his backpack as he walks into the office of the Chief Justice, has he got the moral right to transform our justice system? How can personal desires unrelated to the case at hand in court, determine the verdict he delivered?
Just as I got punished by my assistant headmistress on solely unrelated personal reasons, could that be said of Justice Baffoe Bonnie punishing Ataa Ayi on solely unrelated personal reasons? Can the now famous Article 146, interpret this? And again, I am not in anyway defending Atta Ayi, I am only defending the Holy Virtue of Justice.
Hon. Daniel Dugan
Editor’s note: Views expressed in this article do not represent that of The Chronicle
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