A PERSON OF INTEREST OR A SUSPECT? AND WHAT ARE THE GROUNDS OF ARREST? Over the past week, our local media was inundated with the police arrest and subsequent detention of BULLDOG, a known artiste manager, over the recent murder of the late Fennec Okyere. The police believed the arrest was justified in law as they had sufficient evidence to conclude on him as a suspect. That evidence they gave as instances whereby BULLDOG had threatened and physically confronted the deceased, and also evidence of threatening text messages by the former on the life of the latter, the deceased. Naturally, whiles the family of the deceased appear somewhat happy about the arrest, others, including the father of the suspect, have been critical. To them, there is no legal basis for his arrest as he is only A PERSON OF INTEREST, not a SUSPECT properly so called. This attempt of such a dichotomy is very interesting, and I would wish to make some remarks, based on my LITTLE knowledge of the study and practice of the law. ARRESTS GENERALLY UNDER GHANA LAWS: Article 14 (1) of the 1992 Constitution stipulates that every person shall be entitled to his personal liberty and no person shall be deprived of his personal liberty except in the following cases and in accordance with law; (g )upon REASONABLE SUSPICION of his having committed or being about to commit a criminal offence under the laws of Ghana.. Another provision relevant to this discussion is Section 10 (2) (a) of the ACT 30 which states that; a police officer may arrest WITHOUT warrant a person whom the police officer suspects on REASONABLE GROUNDS of having committed an offence. So as could be gleaned from the immediately preceding provisions, the standard for arrest by the police under Ghanas laws is REASONABLE SUSPICIONS or REASONABLE GROUNDS, phrases which essentially mean the same. WHAT IS REASONABLE SUSPICION? I believe this quote culled from this US Supreme Court landmark case would suffice: inferences which are SUFFICIENT to cause a reasonable law enforcement officer, taking into account his or her training and exposure, to reasonably believe that the person to be detained is, was or is about to be involved in criminal activity.... ( Terry v Ohio 1968 U. S. 1, 27). ANALYSIS: So based on the ingredients of REASONABLE SUSPICION that Terry v Ohio provides, and in view of the requirement of the standard for the arrest of a citizen of Ghna, and taking into account also the facts of Bulldogs arrest, can it be strongly argued that his arrest by the police was indeed without basis in law? Suffice it to say that, are the alleged series of threats on the life of Fennec by Bulldog not enough legal basis to have caused his arrest and detention? It is my submission that the instant arrest was justified and legal. Threats of death is a Second Degree Felony per section 75 of the ACT 29. A PERSON OF INTEREST AND A SUSPECT: ANY LEGAL AND PRACTICAL DIFFERENCES?:- It is normal practice when the police are investigating crimes, to look for suspects. But today, suspects are no longer suspects! A new phrase has gained some currency and it is called PERSON OF INTEREST (P.O.I). This phrase is of American origin. But is is significant to note that P. O. I is even undefined by The U. S Dept of Justice. It is often used as an euphemism for a suspect. Like a security man for WATCHMAN! A Person of Interest is used mainly because of the negative associations with the word suspect, and also to prevent possible future lawsuits in the event the suspect is cleared of those accusations or eventually exonerated. And this has a historical basis. The Richard Jewell Case: Richard Jewell was a security guard who was accused of and arrested for the bombing of the Olympic Games Park in Atlanta. It was a huge scandal but he was later relieved of all those charges and he successfully sued several U. S media houses and the government. The phrase P. O. I does not only lack legal recognition under American Jurisprudence, but also that practitioners and scholars have rejected same. Hear Seattle Attorney Anne Bremnet person of interest and suspect? It is a distinction without a difference!. And New York Attorney, Richard Weich had this to say I think the government through its use of terms like person of interest, is muddying the legal waters in order to expand its own ability to investigate people.. So the difference between calling someone a SUSPECT or a PERSON OF INTEREST does not EXIST for any legal or practical purposes. They are persons the police have reasonable suspicions of being linked to a criminal acts, and belief that their arrests and interrogation could help bring closure to the case. So whiles I respect that holding in State v Brobbey and Nipa, that one cannot put a multitude of suspicions together and make proof of them in a trial, REASONABLE SUSPICION is enough basis to effect an arrest of a person by the police... #Lawyer_Kumih
Posted on: Mon, 19 May 2014 20:33:16 +0000
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