SELECTIVE JUSTICE IS NO DEFENCE IT IS A PROVEN FACT IN ISSUE THAT WHENEVER A LEGISLATOR OR A PERSON WIELDING POLITICAL MUSCLE IS IN THE DOCK IN ANY YOUNG DEMOCRACY WORLD WIDE, MOST OFTEN IT IS DUBBED BIAS, MALICE OR SELECTIVE JUSTICE. THIS EASY TALK CAN BE AIRED IN PUBLIC PLACES, AMONGST EVENING GOERS, SHRINES AND CULTURAL MEETINGS BUT MOST PROBABLY CANNOT BE PLEADED OR PROVEN IN COURTS OF LAW. AN EXAMPLE IS IN THE CASES OF HON GILBERT BUKENYA, HON MIKE MUKULA AND THE FAMOUS GEOFFRY KAZINDA. FAMOUS BECAUSE OUT OF 29 COUNTS OF SIPHONING OFF BILLIONS MENT FOR WAR TORN NORTHEN UGANDA WAS SENTENCED TO FIVE YEARS ONLY. WHAT THE COUNTRY GOT IN RETURN WAS SUSPENSION OF BUDGETARY AID. .SELECTIVE JUSTICE IS NOT A SIMPLE DEFINEBLE TERM. IN JURISPRUDENCE, SELECTIVE PROSECUTION IS A PROCEDURAL DEFENCE IN WHICH A DEFENDANT ARGUES THAT HE SHOULD NOT BE HELD CRIMINALLY LIABLE FOR BREAKING THE LAW AND THAT IT IS IRRELEVANT WHETHER HE IS GUILTY OF VIOLATING THE LAW AS THE CRIMINAL JUSTICE SYSTEM DISCRIMINATED AGAINST HIM BY CHOOSING TO PROSECUTE. IN THE USA, THE SUPREME COURT DEFINED THAT SELECTIVE PROSECUTION IS NOT A DEFENCE ON THE MERITS TO THE CRIMINAL CHARGE ITSELF.THE SELECTIVE PROSECUTION DEFENCE IS EXTREMELY DIFFICULT TO PROVE.FIRST, THE ELEMENTS OF SELECTIVE PROSECUTION CLAIM PLACE AN ENEROUS BURDEN ON THE DEFENDANT. TO MAKE OUT A PRIMA FANCIE CASE OF SELECTIVE PROSECUTION, THE DEFENDANT MUST PROVE THAT THE PROSECUTOR SELECTED HIM BECAUSE OF HIS RACE, NOT MERELY IN SPITE OF IT.SECONDLY; THE CRIMINAL DEFENDANT RARELY HAS ACCESS TO THE EVIDENCE NECESSARY TO SUSTAIN A SELECTIVE PROSECUTION CLAIM. PROOF OF SELECTIVE PROSECUTION LAYS UNIQUELY IN THE HANDS OF GOVERNMENT.AND AS A RESULT OF THIS PROBLEM OF PROOF, SELECTIVE PROSECUTION DEFENSES RARELY SUCCED. HOWEVER, NUMEROUS SOCIETYS HAVE GONE AHEAD TO VOICE THEIR CONCERNS ON SELECTIVE JUSTICE. A CASE IN POINT. IN NIGERIA, ANAJEMBE CONGLOMERATE OF FRAUDSTERS WHO DEFRAUDED A BRAZILIAN BANK OF 242 MILLION DOLLARS GOT 37 YEARS IMPRISONMENT. HOWEVER, IN THE CASE OF THE STATE V TAFA BALOGUN, TAFA WAS CHARGED AND CONVICTED OF CORRUPTION OF 103 MILLION DOLLARS OF PUBLIC FUNDS.JUSTICE BINTA NYAKO PRONOUCED SIX MONTHS IMPRISONMENT AND CRIES OF SELECTIVE JUSTICE WERE HEARD FROM WELL MINDED NIGERIAN CITIZENS WHILE THE CONVICT, POLITICIANS AND THE UNDERWORLD CELEBRATED AND CALLED THE JUDGE A SAINT AT THE INTERNATIONAL COURT OF JUSTICE, IN IVORY COAST, EX-PRESIDENT LAURENT GBAGBO WAS ABDUCTED AT MIDNIGHT AND CARTED OF TO THE HAGUE TO AWAIT TRIAL. EX PRESIDENT CHARLES TAYLOR OF LIBERIA AFTER A PROLONGED TRIAL WAS, SENTENCED TO FIFTY YEARS AMID TONES OF SELECTIVE JUSTICE. IN LIBYA, THE LATE COLONEL MUAMAR GADDAFI AND HIS SONS WERE INDICTED BEFORE ICC COULD ESTABLISH WHETHER THEY HAD COMMITTED CRIMES AGAINST HUMANITY. YET A CURSORY GLANCE AT THE WORLD TELLS OF MANY CRIMES COMMITTED AGAINST ORDINARY CITIZENS. FROM PALESTINE TO AFGHANISTAN, TO LIBYA AND IRAQ. DID THE ICC UTILISE A REPORT SUBMITED BY JUDGE GOLDSTONE ON ISREAL IN BREACH OF INTERNATIONAL LAW? THE SAME COURT HAS IGNORED THE AFRICAN UNION AND INDICTED PRESIDENT OMAR BASHIR.PRESENTLY, THREE KENYAN POLITICAL LEADERS AND A JOURNALIST ARE AWAITING TRIAL AT THE HAGUE AFTER INDICTMENT. NOW THAT THE PEOPLE OF KENYA HAVE VOTED ONE OF THEM PRESIDENT WHAT IS BOUND TO HAPPEN? HOW ABOUT THE RENEGADE M23 NEXT DOOR? WHY AFRICA? AS I SUBMIT, FORMER BRITISH PRIME MINISTER TONY BLAIR AND FORMER US PRESIDENT GEORGE BUSH HAVE WRITTEN MEMOIRS DEFENDING THEIR ABUSE OF INTERNATIONAL LAWS, OF COURSE OUTSIDE THE HAGUE. FINALY, THE REVERSE COURT ORDERS EMMINETING FROM CAIRO POINT ONLY TO ONE FACT THAT SELECTIVE JUSTICE IS MADE OF A SHARP AND BLUNT SIDE DEPENDING ON WHICH SIDE YOU ARE ON. KEEFA KAWEESA LAWYER .CONTACT kefasen@yahoo, 0772455270.
Posted on: Wed, 28 Aug 2013 11:34:33 +0000
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