Provision on Witness Expenses & Witness Protection for effective Prosecution of criminal - PowerPoint Presentation

Slide1

Provision on Witness Expenses & Witness Protection for effective Prosecution of criminal cases

Chiamaka

Anyaegbu

Centre for Socio-Legal Studies

Who is a Witness?A witness is one who sees or has personal knowledge of something or an event.

It

is a person whose testimony is vital to an investigation and the trial

.

Witnesses

are essential to successful investigation of

cases.

Assisting

in an investigation and testifying in court is a civic responsibility of every citizen.

Risks involvedCases where the suspect(s) are powerful, wealthy and influential or those with a history of violence can pose serious challenges to witnesses.

These

suspects in most cases have resources and influence to threaten or harm witnesses and their relations, and interfere with investigation and judicial processes

.

Investigators

and prosecutors must assess the level of to the witness and relation and provide protection accordingly.

Risk involved  (2)Witnesses and their relative are often exposed to unpleasant experiences such as intimidation, coercion, including risk of physical attack and sometimes loss of lives.

Witnesses

of particular vulnerability are  victims of sexual offences, human trafficking,

organised

crimes, subordinates to corrupt official, money laundering, etc

.

Reluctance

of vital witnesses to testify could lead to unsuccessful prosecution of High Profile Cases.

Witness Protection & Witness Expenses under ACJA Dispensation

Witness ProtectionACJA makes provisions for the protection of witnesses in S. 232, particularly in cases of:

Sexual offences.

Terrorism.

Economic and Financial Crimes.

Trafficking in Persons and related offences, and

other offence the Judge may consider appropriate.

Witness Protection (2)The protective measures provided under the ACJA include:non-disclosure of the names,

address, telephone numbers,

identity of the victim/witnesses of such offences, or

in any record or report of the

proceedings

.

Witness Protection (3)To protect the identity of the victim or witness, the court may take any or all of the following measures:

receive evidence by video link;

Screened or masked the witness;

Receive written deposition of expert evidence; and

any other measure the court considers appropriate in the circumstance.

Sanction for exposing witnessesACJA criminalizes unathorised disclosure of identity of witnesses or victims.

Offenders

are liable on conviction to a minimum term of one year imprisonment.

Sanction for failure to attend court as a witnessA witness who: (

a) refuses or neglects, without reasonable cause, to attend

court

in compliance with

a

summons duly

served

in the

manner

prescribed by law,

or

(b

) departs from the premises of the Court without the leave

of

the Judge or Magistrate hearing the case,

is liable on summary conviction, to a fine not exceeding N10,000.00 or to imprisonment for a term not exceeding two months

.

S. 246.

Witness Expenses It is mandatory to pay the reasonable expenses of a state witnesses. S. 251. The

court may in its discretion direct the registrar to reimburse a witness for the

defence

his reasonable expenses sufficient to compensate the witness for attending court

.

S.

252.

The court may order a party at whose instance a trial was adjourned to pay expenses of a witness whose testimony could not be taken by reason of the adjournment.

S. 253.

Shortcomings of the Act in relation to WitnessesIt made inadequate provision on witnesses-

No

provision on who takes responsibility of witness  expenses during investigation

.

No

adequate provisions to take care of witness expenses and witness protection

Way forwardEngagement  of witnesses at the earliest time possible, i.e. at the investigation stage.Where

the investigator sees a risk for witnesses to be intimidated by a suspect or his associates, the

organisation

must take appropriate measures to prevent same by e.g. non-disclosure of their identities.

Way forward (2)A Witness needs to be well informed about court procedures and rules during pre-trial briefings;

Each

agency should have its own witness protection measures;

Where

a witness, is an employee, the authority needs to ensure he is not subjected to any intimidation, harassment, discrimination or punishment in relation to the subject matter in which

he/she

is witness.

Way forward (3)Investigator should protect the identity of a potential complainant/witness from unauthorized disclosure. Where there has been an unauthorized disclosure of the identity of a witness, caused by a staff or member of the investigation team, disciplinary measures should be pursued.

Conclusion Efforts should be made to protect witnesses at every stage of the criminal process beginning with investigation, during conduct of trials and after until such protection is no longer required. The termination of protection should be done in a manner that would not jeopardize the interest of the witness.

THANK YOU!