Plea bargaining won’t shield criminals – Deputy AG
Deputy Attorney General, Alfred Tuah-Yeboah has sounded a fair warning that the recently passed Plea Bargaining Act (Act 1079) would not be a shield for criminals to evade justice.
According to him, plea bargaining should not be an excuse or should not be used as a springboard for the evasion of justice nor should it be seen as an attempt to undermine justice.
As the nation prepares for the December 7 general election, Mr Tua-Yeboah also warned that the Act would not shield perpetrators of electoral violence as they would be fairly dealt with in accordance with the law.
“If you’re a criminal and you think that every criminal conduct is covered under the Plea-Bargaining Act, revise your notes. Especially the men and young men who have a penchant to engage in sexual offences, rape, defilement. We’re in an election year, those who think that they can commit electoral offences and come under the Plea-Bargaining Act, revise your notes. We need a country where people must obey the laws of the land,” he said.
Mr Tua-Yeboah was speaking about the launch of the plea-bargaining guidelines during a capacity-building programme for prosecuting lawyers at Kwahu in the Eastern Region.
“And to the criminals out there, if you think that by launching these guidelines, you are going to just commit crimes and go clean the net, be on notice, the Plea-Bargaining Act will not be used as a shield for criminals to perpetuate their wrongful activities,” he said.
He said the law would be applied in appropriate cases where it should be applied, indicating that “in cases where we cannot apply the law, the law will not be applied.
“And so, as you take the guidelines back to your regions, stick to the guidelines so well, make sure those who deserve the benefit of the guidelines get it. Those who do not deserve it, don’t give it to them,” the Deputy Attorney General told prosecutors present at the launch.
He further cautioned that “If you’re a habitual criminal you’re not going to benefit from the Plea-Bargaining Act because you just want to take advantage of it and have your way.”
Director of Public Prosecutions, Yvonne Atakora Obuobisa, said the guidelines are meant to provide uniformity and a systemic way in which the Office of the Attorney General will deal with plea requests it receives.
She debunked claims that plea bargaining was designed to favour the wealthy members of society to avoid facing justice, stating that the guidelines ensure that the law applies equally to everybody.
“The guidelines will ensure that you don’t favour anybody because it’s been set out how you should go about it… anybody at all can bring in a plea request – the marginalised, the vulnerable so the assurance is that it does not favour one of person over the other,” Mrs Obuobisa added.