Legal Link, the Christian Lawyers Centre, has issued a formal appeal to President Julius Maada Bio, urging him to withhold his assent to the recently passed Criminal Procedure Act 2024 until provisions for the jury system are restored.
In their letter, Legal Link commended President Bio’s leadership and the progressive laws enacted during his tenure, highlighting the Abolition of the Death Penalty Act, the Employment Act, the Gender Equality and Women’s Empowerment Act, the Independent Media Commission Act, the repeal of Part V of the Public Order Act, and the Prohibition of Early Child Marriage Act 2024. These laws, they noted, have significantly impacted the lives of Sierra Leoneans, particularly vulnerable groups such as women, persons with disabilities, journalists, and laborers.
Legal Link also extended thanks to the First Lady, Madam Fatima Bio, for her role in the passage of the Prohibition of Early Child Marriage Act, and to the ruling and opposition parties for their bipartisan support in Parliament.
However, Legal Link expressed grave concerns over the removal of the jury system from the Criminal Procedure Act 2024. They emphasized that the original draft of the bill, which was subject to public consultation, included provisions for a jury system, complete with a jury manager, penalties for absentee jurors, and a reduction in the number of jurors from 12 to 10. These provisions were inexplicably removed in the final version presented to the President for assent.
Legal Link argued that the public should have been consulted about the removal of the jury system, noting that the system is essential for fair trials in cases of serious offenses such as murder and treason. They contended that trials involving such severe penalties should be presided over by both a judge and a jury to ensure confidence in the legal process and reduce the risk of corruption and political interference.
The organization dismissed arguments that the jury system promotes corruption and delays trials, citing evidence of corruption in judge-alone trials and noting that delays can be caused by various factors. They recommended judicial policy directives to set clear timelines for the adjudication of cases.
Legal Link also criticized the proposal to replace jurors with assessors in serious criminal trials, pointing out that jurors are selected by both the prosecution and the accused, whereas assessors are state appointees. They argued that the jury system represents true democratic representation and that its removal could lead to miscarriages of justice, increased corruption, and political interference.
In conclusion, Legal Link urged President Bio to return the bill to Parliament for the reinstatement of the jury system, warning that enacting a flawed law would set a dangerous precedent. They called for a measured and consultative approach to legal reforms to ensure justice and fairness in Sierra Leone’s criminal justice system.
The letter emphasized the importance of respecting judicial processes and exploring appellate options rather than abolishing the jury system, highlighting the potential risks of judge-alone trials for serious offenses.