We can’t indict people on the basis of perception or suspicion
We had thought by now that even the people who, we know, are knowledgeable about the law, but have been baying for blood in the matter of the Integrity Commission’s investigation of six legislators, would have concluded that their calls for those individuals to be named, ahead of the completion of the probe, are really ridiculous.
In fact, were that to be done, the Integrity Commission, and the Government
— to which this demand has been directed
— would have breached the right of those being investigated to due process.
In a sense, we can understand the call coming from politicians wishing to score political points against their opponents, even as we call them out for being reckless. However, the so-called civil society groups and individuals who portray themselves as champions of justice continue to amaze us each time they get on their soap box on this matter.
Everyone knows that a reputation, once damaged, is difficult to repair. Just ask any man or woman who, having been accused of a serious crime, faced the courts and was eventually found to have been the victim of a plot to destroy him or her.
We have said it before in this space, and it merits repeating, that the most important duty of anyone conducting a major criminal investigation is to preserve the confidentiality of the investigation and to protect the rights of suspects to their privacy and, in the event that they are charged, they are to be afforded a fair trial.
Last year, in its annual report for the 2022/23 reporting period, the Integrity Commission told the country of the six parliamentarians under probe for illicit enrichment.
The revelation has provided fodder, especially for politicians who have rushed to point fingers at their opponents. The upshot is that there is talk among the citizenry that the identities of the six are being withheld by the Government, supposedly because they are all members of the Administration.
We are seeing an almost similar scenario being played out in relation to the investigation of the massive fraud at Stocks and Securities Limited.
We all need to remember and accept the fact that law enforcement agencies wield great power, and with that power comes great responsibility. No responsible law enforcer should even think of indicting anyone on the basis of perception or suspicion.
Fairness demands that any move towards indictment be grounded in evidence. As such, law enforcement agencies have a duty to conduct thorough investigations and then come to the public only after they have completed those investigations and are ready to lay charges.
No one has the right to sully people’s reputation. We have seen too many examples of that folly in the past, where news releases are issued advising of investigations being conducted on individuals. The result has always been that the people who are the subjects of those investigations are declared guilty in the court of public opinion even before the investigators start their probe.
It’s absolutely reckless and borders on maliciousness because it leaves a cloud of suspicion hanging — intentionally or unintentionally — over the heads of individuals involved in the matter being probed, even if they are proven innocent of wrongdoing.
In the matter of six parliamentarians, how about awaiting the conclusion of the Integrity Commission’s investigation and its tabling in the House before we start casting stones?