Ernest Sumelong
16 March 2008
The fate of some 40 riot suspects in Buea still hangs in the balance pending judgements to be delivered on Monday, March 17, as a sequel to adjournments during the week.
Presently, none of the suspects has been convicted and none granted bail in spite of applications by their defence counsel. When the suspects were arraigned in court on Tuesday, March 11, for continuation of the hearing that started on Monday, March 4, they were handcuffed, looked emaciated and dishevelled. Some of the suspects are reportedly sick, following torture at the time of arrest and have so far been denied access to medical attention.
The denial of bail, even to minors, has become a vexing issue to both the defence counsel and human rights activists. An application submitted by one of the defence counsel, Barrister Joseph Tanyi Mbi, for one of the minors to be granted bail, was overruled.
But the court, in one of the rulings to a submission, argued that granting bail might defeat the legal department's process of a speedy trial in conformity with cases of flagrante delicto. The defence was also granted three days, in accordance with the new Criminal Procedure Code, to prepare a case file.
Southwest Regional Secretary of the National Commission on Human Rights and Freedoms, Christopher Tambe Tiku, described the treatment meted out to the suspects as poor. "They are handcuffed from the Buea Central Prison to the court as if they committed felonies. These suspects are still presumed innocent and have been charged for simple misdemeanours and should not be paraded around like criminals."
Another worrying issue the Human Rights Secretary raised was the denial of bail. "How do you justify the fact that people charged with murder are granted bail and are moving about freely, while these youths have been denied bail? This is unfair"
On their part, prison officers who accompany the suspects to court defend the handcuffing, stating that they are taking precaution against any escape. The prison guards have been handicapped by the absence of vehicles to transport the suspects to court.
Police Chief To Testify
Southwest Judicial Police Boss, Peter Adjoffoin, might testify in a Buea Magistrate Court on Friday, March 14, in connection with the arrest of former University of Buea Student Union, UBSU President, David Abbia.
The court ruled on Tuesday, March 11, granting an application submitted by the defence counsel to summon the Police Chief to appear in court. The former UBSU President, who was apprehended during the recent nationwide strike action, had testified that Adjoffoin occasioned his arrest, supposedly with instructions from the Provincial Delegate of National Security.
Leading the defence counsel, Barrister Eta Besong Junior, submitted that the Police Chief be summoned before the case could be heard. He had also submitted that the trial be adjourned, pending the summon appearance of Adjoffoin, and due to health reasons on the part of the counsel.
Abbia told The Post the police boss had called him from his residence to his office and ordered officers to remand him in custody, with the blessing of the Security Delegate. According to Abbia, this is the second time he is being arrested on the instructions of hierarchy.
After Abbia's tenure of office as UBSU President, local administrative authorities had linked him with organising strike actions both on and off the campus of the University of Buea, The Post learned. In a conflict at the DO's office in Buea during the July 22 twin elections, Abbia revealed, he was also arrested on yet, the same instructions.
Even though Justice Minister, Amadou Ali, in a press conference, justified the hasty and shady trials of riot suspects in Yaounde and Douala, lawyers in Buea and Bamenda have been hailed for setting a precedence in ensuring that the suspects get a chance to fair trials.
The lawyers all mobilised and have been offering pro-bono services throughout the trial to ensure that justice is done. It is one of the first times that police officers involved in arrest cases take turns to testify in court.
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