The Justice Ministry authorities and law enforcement agencies are at this moment advised, as a first, proactive and preliminary step, to IMMEDIATELY expedite the pending commencement of administrative inquiry and criminal investigations that may be launched into the scandal of Mr. Melville Robertson Roberts.

“Every person who is charged with a criminal offense shall be presumed to be innocent until he is proved guilty…” 

So why are the so-called social media activists adopting trial by social media, and the justice system is celebrating this? Where is the principle of presumption of innocence in the Gambia’s criminal justice system?

To get things right again in The Gambia, there has to be a bit more than the usual dose of proactive thinking. There is a reason we should retain the “presumption of innocence” clause in our constitution at all times, especially where it concerns serious crimes. 

Countries whose criminal justice system was not even as bad as the Gambia’s have had to adapt with new, potent weapons of administering justice. We need to adapt quickly. 

We know the presumption of innocence in the Gambia is a charade and provides the most straightforward loophole for social media activists to go after people on public opinion and media trial to go scot-free. It should be reversed. This whole “presumption of innocence” thing is a horrible charade!

Mr. Roberts is innocent in the eye of the law. Mr. Roberts is, in the eye of the law, presumed innocent until he is proved and found guilty. 

Being charged at all, however, implicates his right to a fair hearing, as many will start arguing that he should step down from office. 

In other words, once charged and arraigned before a judge, the likelihood is that calls will be made for him to vacate office, albeit temporarily, for integrity reasons. 

If, in the end, he is found not guilty, irreparable damage would have been done to his reputation and the integrity of the criminal justice system.

He has an enviable social standing in society. He is a lawyer, senior civil servant. He is presumably a husband and a father. Given the enormity of the disclosures on social media and bullying in a situation like this ( to escape public shaming, social humiliation, career ruination, and ecclesiastical ex-communication ) can be Imagined. 

He needs safety and security protection by institutions that exist in our society, which handle matters such as this, even as justice is awaited to be served. He needs justice like his alleged victims, who also deserve justice.

By Alagi Yorro Jallow 

Editor’s note 

The views and opinions expressed are those of the authors and do not necessarily reflect the official policy or position of Gambiana.