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Former Attorney General and Minister of Justice, Joseph Fitzgerald Kamara (JFK), has expressed serious constitutional and human-rights concerns regarding the recent Practice Directions issued by the Honourable Chief Justice aimed at strengthening the judiciary’s response to drug abuse.
While acknowledging the commendable objective of addressing drug-related crimes, JFK warned that the Directions could undermine fundamental legal protections for accused individuals.
“Where, then, is the security of the law for one who is falsely accused?” he questioned.
According to JFK, the Practice Directions appear to allow, or even encourage, an uncompromising approach to bail in drug-related cases. He noted that an absolute refusal of bail departs from established legal principles and long-standing practice.
“Bail is not merely a procedural convenience; it is a safeguard that balances the state’s interest in public safety against an accused person’s liberty and the presumption of innocence. Removing or unduly restricting that safeguard risks turning pretrial detention into a de facto punishment,” JFK emphasized.
He cautioned that while a tough-on-crime approach might yield short-term political gains, it could weaken legal protections for the innocent in the long term. Individuals falsely accused may be forced to endure pretrial detention only to be acquitted later, with little recourse for compensation or redress.
JFK further stressed that Practice Directions are administrative tools meant to guide court procedure and cannot substitute for legislation. “To use them as a vehicle for creating or substantially altering criminal law would be to assume Parliament’s constitutional role and blur the separation of powers that underpins democratic governance,” he said.
He urged the judiciary to rely on reasoned judgments when developing law, ensuring that legal reasoning and precedent guide reforms rather than administrative directives. Such measures, especially in politically sensitive environments, could otherwise be misused against opponents or dissenting voices.
“A justice system that prioritizes expediency over fairness risks losing public confidence. The security of the law depends not only on effective enforcement but also on visible adherence to principles that protect individuals from state overreach,” he noted.
JFK called on the Chief Justice to reconsider the scope and application of the Practice Directions, asserting that substantive changes affecting liberty and the presumption of innocence should be referred to Parliament for proper legislative debate.
“Preserving the presumption of innocence is not a technicality; it is the foundation of a just legal order. Any measure that risks undermining that foundation deserves careful review, transparent debate, and, where appropriate, legislative action,” he concluded.
