I’m not positive I can work out why legislation has turn into such a sought-after occupation. Younger folks, previous folks, half of the general public service, it seems like everyone needs to turn into a lawyer. I hope it’s simpler stepping into heaven than attempting to achieve entry into Legislation College and I hope sincerely that after out of legislation college, life as a lawyer is popping out to be half as enticing because it guarantees.
I’m coming to the conclusion that the attraction lies in folks eager to belong on this group the place folks converse their very own particular language the remainder of us don’t perceive, make guidelines (legal guidelines) that bind all of us and are the one ones that interpret the foundations and having them in your nook could make the distinction between retaining your liberty or going to jail.
I hesitate to cite Charles Dickens as a result of as one among my younger pals instructed me just lately, no person reads that type of ebook today. However I actually can’t discover something from any trendy author that captures the dilemma that I face. So, with somewhat apology for displaying my age, I’m going again to Charles Dickens’ Oliver Twist, the place Mr Bumble, the sad partner of a domineering spouse, is instructed in courtroom that “…the legislation supposes that your spouse acts below your path”, and he replied: “If the legislation supposes that, then the legislation is an ass – an fool”.
The legislation
Seeing as I’m not educated within the legislation, I attempt very arduous to be ever so cautious of what I say about attorneys and the legislation and the authorized course of as a result of I don’t actually wish to get on the unsuitable aspect of the legislation or attorneys or the place they ply their commerce.
However each from time to time, Mr Bumble looms massive in my consideration of occasions and I ponder if the attorneys, the lawmakers and the interpreters of the legislation generally additionally really feel that the legislation is an ass.
Ato Essien’s case
I’m this current case involving Mr Ato Essien of the collapsed Capital Financial institution. For the reason that trial got here to an finish, there have been a great deal of discussions about using the related legislation in coming to a settlement that enabled him to flee going to jail on situation he pays the GH¢90 million he was charged with stealing.
For the sake of the one strangers in Jerusalem, it’s in all probability price recounting the broad outlines of the case introduced towards Mr Essien, the Founding father of the Capital Financial institution. He was charged with stealing depositors’ funds and he got here to an settlement with the Legal professional Basic to pay the sum of GH¢90 million in restitution to the state and averted going to jail. All completely authorized, in response to the attorneys.
Some smartaleck has put on the web, one other story of two individuals who confronted an Accra Circuit courtroom on a cost of theft. The 2 males, one a barber and the opposite, unemployed, had been discovered responsible of robbing a dealer of her purse, which contained a cell phone and GH¢44.00 and every of them was sentenced to 16 years’ imprisonment with arduous labour.
For these of us not realized within the legislation, it’s straightforward to see the befuddlement that this case poses. We are able to nearly work out that there’s a distinction between using drive to steal the purse with the cell phone and 44 Ghana cedis and using your connections and experience to steal hundreds of thousands. Somebody has instructed me evaluating the 2 circumstances is like evaluating oranges with pawpaw. However there’s this lingering feeling the larger the quantity you steal, the better it’s to keep away from jail.
I actually would need each pesewa to be retrieved from those that prompted the monetary disaster. If in any respect attainable, I’d need everybody who’s caught stealing to be made to return no matter quantity that has been stolen. However it appears it is just whenever you steal from the state that you may profit from the legislation that lets you escape jail and supply to make restitution and pay again the quantity.
I ponder what occurs to the person who enters my room surreptitiously and cuts up my mattress and steals the hundreds of thousands of cedis stashed in there and when he’s caught, provides to return the cash, purchase me a brand new mattress and guard my home without spending a dime for the remainder of his life. Is there room for such a deal to be lower and would he escape jail, seeing as he would have employed some violence to achieve entry into the room and the cash belongs to me and never the state?
I wouldn’t wish to underestimate in any means the misery that’s prompted to victims of theft and the anger and disorientation you face whenever you stroll into your property and discover it ransacked and your treasures taken away. However I ponder if somebody considers the chance that these so-called white-collar crimes trigger much more violence to the state and residents than petty crimes and large robberies. I ponder why we expect it’s the white-collar crimes that deserve these particular preparations that spare the perpetrators from serving time in jail.
Arguments
I’ve taken be aware of the arguments which have been put as much as present that the association shouldn’t be seen as Mr Essien having been given a simple choice as he received’t be capable of function a director or handle a monetary establishment and must disclose on official kinds that he has a conviction. I’m unimpressed. If Mr Essien thought for one second that going to jail for one week can be a greater choice, I guess he would have saved the GH¢90 million and gone to jail.
While I’ve been grappling with the problems raised by this case, my thoughts has gone again to one thing that occurred on this nation again in 1975 that shook the authorized and courtroom course of in a lot the identical means as this present one.
A well-known Sunyani lawyer known as Ohene Djan was arrested and placed on trial for homicide. He was a high-profile lawyer who was without end within the information and, due to this fact, the homicide case attracted loads of consideration.
After the prosecution had completed presenting its case and lawyer Ohene Djan had been within the dock to testify on his personal behalf and we had been left with the supply of the judgment, the lawyer for the accused individual and the Director of Public Prosecutions spoke in that particular lawyer’s language and the choose instantly introduced within the courtroom that lawyer Ohene Djan had been discovered responsible of manslaughter.
I overlook what else occurred however I do do not forget that the lawyer was let go and he left city for the UK (UK).
Some stated it was a plea cut price, which if it existed on the books, I had actually by no means heard about it being utilized in Ghana.
The lesson is if you happen to can afford lawyer, secret doorways will open. Perhaps that’s the reason everybody needs to be a lawyer.
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