Private legal practitioner Kofi Bekai has urged the Ghanaian public to refrain from criticising the Attorney-General’s (AG’s) decision to discontinue the case involving the suspect arrested in connection with the death of Ahmed Suale.
The lawyer contended that without concrete and compelling evidence, continuing the case would constitute an undue waste of judicial resources and time.
Speaking on the Rainbow Radio 87.5FM program, Frontline, he explained that in a court of law, the substantiation of any charges filed against suspects is entirely dependent on the quality of the evidence presented. He stated that in criminal jurisprudence, the prosecution is required to prove guilt beyond a reasonable doubt.
Mr. Bekai noted that given that the liberty of any suspect is fundamentally at stake, it is imperative that robust and substantial evidence be presented in the prosecution of suspected criminals.
He further said: “In law, the standard of proof for persons suspected of committing criminal offences against the state is very high. You have to prove it beyond reasonable doubt that a suspect indeed committed the offence.”
Mr. Bekai observed that, specifically in the Ahmed Suale case, the prosecution would have been required to submit irrefutable evidence that conclusively confirms the identity of the person being accused and prosecuted.
He maintained: “Therefore, if the police were unable to obtain cogent or strong evidence to prove their case in court, the situation changes, necessitating a withdrawal. Why prosecute a case without evidence? They did not get the necessary evidence, and consequently, it was not proper to continue with the case.”
He was, however, quick to interject that the police must not become complacent but must intensify their efforts in conducting further investigations and pursuing those responsible for the gruesome murder of the investigative journalist Ahmed Suale.
“The police must diligently seek out the actual perpetrator of the crime against the young man and arraign them before the court for prosecution. They must dedicate themselves to gathering the requisite evidence to prosecute the case and bring definitive closure to the matter.”
He warned that had the matter been pursued without evidence, resulting in an acquittal, the suspect could have sued the state for malicious prosecution.
By: Rainbowradioonline.,com/Ghana
