How healthy is the status quo of Sierra Leone criminal justice system?

Some of the depraved cultures of business as usual which are eating the fabric of ethical behaviour in Sierra Leone have to be disowned if we are serious about tangible development. (Photo: Thonkla Bangura, author)

Rape, with utter impunity is one of these cultures. Raping a woman or man is not force majeure it is an irresponsible act which severely inflicts inconsolable pains on the fragile victim and equally causing a life term fear and trauma in the mind-set of that person.

Inter alia, the essence of this article is to reignite the contemporary debates about the perpetual rape perpetrated against vulnerable women across the country, the recent shootings of unarmed civilians and students by some immoral police officers and the blatant failure and the ratio decindendi by the quango Anti-Corruption Commission to attain plausible justice of high profile prima facie cases brought to generic courts is simply a National disgrace and inattentive legal erred hard to gulp.

The purpose of the Criminal Justice System is to deliver justice for all, by convicting and punishing the guilty and discouraging them from re-offending, while protecting the innocents. Selective justice protecting the rich and most powerful whilst persecuting the plebs should not be prevalent in our society because it undermines the integrity and impartiality of our Judicial System and hence propagate animosity across the board.

Frankly, some of these legal anomalies that we are too bashful to confront are testing the well-being of our judicial system which is a pivotal pillar that underpins our democratic credentials on the face of it. Further, it is conspicuous that the world is watching Sierra Leone progress very closely, our success and democratisation strength are measured on some of these issues that we are too shy from time to time to challenge. We should never flutter in our quest but fiercely and vigorously determine to pursue our mission to develop an emerging economy by confronting these challenges testing our integrity.

Meanwhile, in the United Kingdom in pursuant to sections (2-3) of the Sexual Offences Act 2003, forceful sexual penetration even with your legally married wife without her consent is tantamount to RAPE and the consequence is your precious time or liberties are bitterly spent behind BARS! This is no sheer hyperbole it is a fact that underpins a legal framework encompass with draconian laws that sting like a stingray.

What have we recently, as Sierra Leone apart from the media, but corpus Juris i.e. Bar Council, Judges, politicians, religious leaders and communities done to confront and exterminate this pernicious act of sexual vandalism against our sisters, children and mothers that we are obliged to protect in society? An inactive law that does not sting the culprit is classed as a sleeping law full stop.

Freedom of Speech enshrined into our domestic constitutional pot is a vital tool to combat rape perpetrators. Notwithstanding, the red line must not be crossed but could be flirt with or bend to publish legitimate articles to disseminate the pains and fear caused by rape.

There should be no safe haven for rapists in Sierra Leone, we should make all vicinities difficult for them to strive and also advocate for the application of the nuclear option in order to equally traumatise these scumbags roaming across the country.

The media should enjoy the blessings by having the intra vires under freedom of expression to publish photos and addresses of these criminals to deter them causing further pains on women. Anyone found culpable of rape having reconciled the actus reus and mens rea must be banned from holding public office or any position of trust for good.

That has to be the bottom-line going forward. Infringing on the Human Rights of rape victims has given us the utter justification to infringe upon the rights of these rapists by publishing their photos and addresses. It is a reasonable deterrence and proportional approach in my view.

The burden to act or the moral prerogative is on us as citizens to vent out the message by connecting the dot from Waterloo to Lumley against these paedophiles raping our women with pleasure to quench their sexual thirst.

Sexual assault against either a man or woman, is deemed as sexual terrorism, trespassing someone’s private property, a breach of Human Rights, crime against humanity and a curse to our integrity as Sierra Leoneans.

Thus, zero tolerance and causing distress on proponents of rape has to be our duty to deter this outrageous grievous bodily harm to become integral in our country.

Meanwhile, addressing another burning issue on the public domain which is the duty of police officers in a state .If I could coherently reiterate this point, Police officers prime duty is to protect the lives and properties of the natives of that country from time to time.

Turning guns against your very own citizens that you are paid and sworn to protect does not only mean shredding the police code of conduct but bringing anarchy and distress in a country dusting itself from the ruins of a decade vicious civil war.

In addition, Police officers, Doctors, Politicians and the Army etc to remind some sceptics are under legal duty to protect the lives of all and sundry in society failing to do so is a legal justification which makes your position untenable and thus resignation or dismissal instantaneous.

The desire to shoot and killed unarmed civilians especially school goers are not palatable in this day and age therefore the reckless act must stop with no condition attached.

Sierra Leone is no North Korea where torture and inhumane treatments is normal; our country is one of the most tolerance states in Africa where everyone is a citizen. Our behaviours particularly those of police officers have to mirror this ethical standard and legitimate expectation consistently.

We don’t shoot these people when we want them to cast their votes for us; instead we lulled them, patronised with them and dumped them as we please. We are all equal before the law, the modus operandi of the Justice System should not be seeing to discriminate against a section of the community, and the application of the law has to be holistic to enhance the integrity of our Justice System.

As a feminist and a democrat, this is my proposition to fight back against those junkies and cannibals who see women as easy meat. Finally, Salus populi suprema lex esto, adios.

Author: Thonkla Bangura

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