Respected private legal practitioner Sylvester Isang has called on the public to allow lawyers to freely represent suspects in the infamous Wa serial murder case, noting that every suspect is by law entitled to legal representation and in cases of murder, the confessions by suspects do not imply automatic guilt for which they must be immediately thrown into prison.
He explained that the law demands that, notwithstanding the confession of a suspect, the trial processes must still be followed to the letter.
“It’s good news that prime suspects in the serial murders in Wa and Bole from 2021 till date have been arrested.
Many people are however already cursing or condemning any lawyer who would be engaged to represent the suspects.
We are all familiar now with the famous legal jargon “THE LAW IS THE LAW”. Therefore, it’s the Law of Our Land which mandates that even where one is caught “red-handed” such a person should be presumed NOT guilty until he is proven guilty or admits his guilt.
In the instant situation, however, the law makes matters worse as the confession of the suspects or they saying they are guilty or did the killing is not enough!
This is what we don’t want to hear! For many of us, by now, we should have also just killed them as payback.
Unfortunately, despite the change of punishment for the murder of the death penalty to life imprisonment, the law remains (stand to be corrected) that if the accused pleads guilty or confesses to the crime, the Court must change his plea of guilty to not guilty. That’s not the end where the accused cannot afford a lawyer the State must get him a lawyer for the trial to proceed,” he explained.
Mr Isang added that legal representation of suspects in criminal trials like the one in question does not mean the suspects will be freed if they are found guilty. He stressed that lawyers are to ensure a smooth trial in accordance with the law.
“This is where the Judge can appeal to lawyers to take up the case pro bono or appoint a lawyer for the accused and submit the order for appointment of the lawyer to the Legal Aid Scheme or in fact order the Legal Aid Scheme to appoint a lawyer for the accused. Mind you, Legal Aid Scheme lawyers are paid by the state.
The mere presence of a lawyer in such a case does not mean that the accused person would not be punished at the end of the trial if the evidence proves his guilt. The lawyer’s presence is to ensure a smooth trial in accordance with law,” he added.
Following the arrest and subsequent confession of one of the suspects in the serial murders in Wa and Bole, many people have wondered why the court processes are still being followed when the suspect had already confessed. But Mr Isang has clarified that it is the requirement of law and not an attempt to shield the suspects from punishment.
