INNOCENT UNTIL PROVEN GUILTY?

By BRYAN KRAMMER

If the PM is innocent until proven guilty then why do the Police want to arrest him???

It seems many in social media and the country are confused and asking the same question. So for their benefit I will provide a simple explanation to answer that very question.

When a crime is committed a complainant (victim) or witnesses will report it to Police.

Police will conduct an interview of the victim and witnesses and further investigate to collect the evidence to confirm the witness's story. In most cases the only evidence will be witness accounts. White Collar crimes or Fraud will involve both witnesses and documentation (written letters, emails, bank transactions cheques etc). Police will not tell the accused (suspect) they are investigating him/her to avoid them hiding or destroying the evidence to cover up their tracks.

Once Police are satisfied they have sufficient (enough) evidence to confirm the witnesses story and a crime has been committed they will then call in the accused to be interviewed and get their side of the story. During the interview they will ask him questions about the allegations and evidence to see if he is telling the truth or lying. It's import to understand if the have called you in for questioning it means they already believe you are guilty of the crime based on the evidence.

But they will still give you the opportunity to explain your side of the story just to make sure. After the interview if they still believe you are guilty they will arrest and charge you. You will be read out your rights explaining why you were arrested, processed and put in the cell. If it's a minor offence they will allow you bail (upto K500). If it's serious crime you will need to go before district court and apply for bail.

The Prime Minister asked if the Police only wanted to interview him then why did they get an arrest warrant.

By law Police can not arrest a Prime Minister or Minister unless they have warrant of arrest. This a formal order from the court giving police the right to arrest the accused. Arrest warrants are issued by the District Court Chief Magistrate. The Magistrate will review the Police's evidence to confirm the evidence is sufficient to make the arrest. So if arrest warrants are issued it means both the Police and Chief Magistrate believe on the face of the evidence you are guilty of the crime. The laws requires an arrest warrant for Prime Ministers to make sure and avoid them being wrongfully arrested damaging their reputation the office they hold.

In the PM's case the Police believed they had sufficient evidence to arrest him so they applied for the arrest warrants first. Then called him in to be interviewed.

It is not Police practice to notify the accused they plan to arrest him otherwise they will go into hiding or rush to court to avoid being arrested.

Police will then arrest and charge you and bring you before a court of law to prove you're guilty. So until you are proven guilty by a court of law you remain innocent in the eyes of the law but not the eyes of Police and District Court who had the benefit of reviewing the evidence. Where the National Court has yet to look through the evidence giving you the chance to go get lawyer and collect your own evidence to prove your innocent.

Once the evidence is heard by the Court it will then confirm your guilt or prove you are innocent of the crime.

Hence the term Innocent until proven Guilty.

If you are guilty of a crime and don't want to be sentenced to jail then it's best you avoid getting arrested. Because if you get arrested it means you will be brought before the Court and the court will sentence you to jail. No arrest means No Court, No court means no conviction, (found guilty) No conviction means no jail time.

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